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Full text of "The Unfinished business twenty years later : a report"

UNIV. OF MO MARSHALL LAW LIBRARY 



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The 

Unfinished 

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Twenty Years 
Later . . . 



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A report submitted to 

The U.S. Commission on Civil Rights 

by its Fifty-One State Advisory Committees 

September 1977 



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A report submitted to 

The U.S. Commission on Civil Rights 

by its Fifty-One State Advisory Committees 

September 1977 



ATTRIBUTION: 

The findings and conclusions in this report are 
those of the State Advisory Committees and, as 
such, are not attributable to the Commission. 



-7755" 



THE UNITED STATES COMMISSION ON CIVIL RIGHTS 

The United States Commission on Civil Rights, created by the Civil Rights Act of 1957, is an 
independent, bipartisan agency of the executive branch of the Federal Government. By the 
terms of the act, as amended, the Commission is charged with the following duties pertaining 
to denials of the equal protection of the laws based on race, color, sex, religion, or national 
origin: investigation of individual discriminatory denials of the right to vote; study of legal 
developments with respect to denials of equal protection of the law; appraisal of the laws and 
policies of the United States with respect to denials of equal protection of the law; maintenance 
of a national clearinghouse for information respecting denials of equal protection of the law; 
and investigation of patterns or practices of fraud or discrimination in the conduct of Federal 
elections. The Commission is also required to submit reports to the President and the Congress 
at such times as the Commission, the Congress, or the President shall deem desirable. 

THE STATE ADVISORY COMMITTEES 

An Advisory Committee to the United States Commission on Civil Rights has been established 
in each of the 50 States and the District of Columbia pursuant to section 105(c) of the Civil 
Rights Act of 1957 as amended. The Advisory Committees are made up of responsible persons 
who serve without compensation. Their functions under their mandate from the Commission are 
to: advise the Commission of all relevant information concerning their respective State on mat- 
ters within the jurisdiction of the Commission; advise the Commission on matters of mutual con- 
cern in the preparation of reports of the Commission to the President and the Congress; receive 
reports, suggestions, and recommendations from individuals, public and private organizations, 
and public officials upon matters pertinent to inquiries conducted by the State Advisory Com- 
mittee; initiate and forward advice and recommendations to the Commission upon matters in 
which the Commission shall request the assistance of the State Advisory Committee; and attend, 
as observers, any open hearing or conference which the Commission may hold within the State. 



ACKNOWLEDGMENTS 

Members of the 51 State Advisory Committees are indebted to the following regional directors and 
their staffs for their assistance in writing this report: J. Richard Avena, Regional Director, Malcolm 
J. Barnett, Eugene Bogan, Victor Bracero, Diane B. Brewer, Joseph T. Brooks, Regional Director, 
Gloria M. Cabrera, Elvira V. Crocker, Ruth J. Cubero, JoAnn Daniels, Edward Darden, Catherine 
M. Davis, Roy De La Rosa, Rosamond Dews, Grace Diaz, Diane Diggs, Bobby D. Doctor, Regional 
Director, and Richmond Doyle. 

Also, John F. Dulles, II, Barbara J. Duncan, Linda D. Dunn, Ellen A. Farrell, Ernest Gerlach, 
Marilyn GraybofT, Edith Hammond, Joan Harper, JoAnn Harris, Katie Harris, Ascension 
Hernandez, Valeska S. Hinton, Wanda Hoffman, Sally James, Ana B. Jankowski, and Melvin 
Jenkins. 

Also, Esther Johnson, Margaret V. Johnson, Norma Jones, George Korbel, Ira H. Krause, William 
Levis, Cecelia Matthews, Carmelo Melendez, Charles Miles, Delores Miller, Philip Montez, Regional 
Director, William F. Muldrow, and Thomas L. Neumann, Regional Director. 
Also, Gloria O'Leary. America Ortiz, Thomas V. Pilla, Portia Raby, Sharon Rivers, Clark G. 
Roberts, Regional Director, Cal Rollins, John Rustad, Phyllis B. Santangelo, Jacob Schlitt, Regional 
Director, and Courtney Siceloff. 

Also, Mark Simo, Victoria Squier, Gregory D. Squires, Eleanor Telemaque, Norma Valle, Everett 
A. Waldo, Marvis Walston, Etta L. Wilkinson, Ada L. Williams, Jacques Wilmore, Regional 
Director, Shirley Hill Witt, Regional Director, and Lynne Woods. 

The Committees express their appreciation to the following Commission staff in Washington who 
provided legal review, consultation, and other production assistance: Richard Baca, General Coun- 
sel; Lawrence Click, Solicitor; Frederick D. Dorsey, Assistant General Counsel; John I. Binkley, 
Director, Regional Office Liaison Unit; Cheryl Orvis, Congressional Liaison Unit; and Sheila Lyon, 
Anita Bowman, Brenda Watts, and Alma Missouri, support staff. 

Special thanks are also extended to Laura Chin for her editorial assistance and to staff of the 
Commission's Publications Support Center: Vivian Washington, Vivian Hauser, Deborah Harrison, 
Audree Holton, and Rita Higgins, supervised by Bobby Wortman. 

The report was designed and produced by the Program Evaluation Unit under the overall super- 
vision of Eileen Siedman, Director, and Daniel A. Garcia, Program Analyst, assisted by Mary 
Lozano and Joyce Parker. The Program Evaluation Unit coordinated the work, analyzed the State 
reports, and prepared the Introduction, Summary, and Appendices. 



Ill 



CONTENTS 

Introduction 1 

Summary 4 

State Advisory Committee Reports 

Alabama 6 

Alaska 10 

Arizona 13 

Arkansas 17 

California 20 

Colorado 26 

Connecticut 30 

Delaware 35 

District of Columbia 39 

Florida 42 

Georgia 47 

Hawaii 51 

Idaho 53 

Illinois 56 

Indiana 60 

Iowa 63 

Kansas 68 

Kentucky 74 

Louisiana 78 

Maine 82 

Maryland 86 

Massachusetts 90 

Michigan 97 

Minnesota 101 

Mississippi 104 

Missouri 108 



IV 



Montana 114 

Nebraska 116 

Nevada 121 

New Hampshire 123 

New Jersey 127 

New Mexico 132 

New York 138 

North Carolina 145 

North Dakota 150 

Ohio 152 

Oklahoma 156 

Oregon 160 

Pennyslvania 164 

Rhode Island 168 

South Carolina 173 

South Dakota 178 

Tennessee 180 

Texas 184 

Utah 189 

Vermont 193 

Virginia 196 

Washington 199 

West Virginia 203 

Wisconsin 206 

Wyoming 209 

Appendixes 

1. Roster of Regional Offices 213 

2. Alphabetical Chart of State Advisory Committee Publications (1962-1977) 215 

3. Matrix Chart; Civil Rights Issues Identified by State Advisory Committees 220 



Introduction 



On the 20th anniversary of America's first civil 
rights law enacted in the 20th century, the 5 1 
State Advisory Committees to the U.S. Commis- 
sion on Civil Rights present this report on the 
status of civil rights to the Commissioners. 

The U.S. Commission on Civil Rights was 
created by Congress in 1957 to conduct investiga- 
tions and to provide information about civil rights 
and the administration of justice in America. 
Aware that an accurate accounting of civil rights 
depends in large part upon an intimate knowledge 
of local conditions. Congress authorized the Com- 
mission, under Section 105(c) of the Civil Rights 
Act of 1957, to establish an Advisory Committee 
in each of the 50 States and the District of Colum- 
bia. This report describes the problems, develop- 
ments, and unfinished civil rights business in the 
United States as perceived by those Advisory 
Committees in 1977. 

From its inception, the U.S. Commission on 
Civil Rights realized the critical need for involving 
knowledgeable citizens in the Commission's fact- 
finding work. Within months of its establishment, 
the Commission decided to organize a State Ad- 
visory Committee of five to nine members in every 
State. The first step was the designation of key 
States, and in 1958, 17 States were so designated. 
Among the first Advisory Committees organized 
were Texas, Indiana, Virginia, Michigan, and 
Florida. By August 1959 there were Advisory 
Committees in all of the 50 States except Missis- 
sippi and South Carolina. By 1961 there were Ad- 
visory Committees in every State and the District 
of Columbia. Advisory Committee members were 
asked to study civil rights problems in their States 
and report their findings and recommendations to 
the Commissioners. 

During the turbulent 1960s, the Commission on 
Civil Rights looked to its State Advisory Commit- 
tees for information, especially in such sensitive 
areas as school desegregation, voting rights, and 
desegregated public accommodations for blacks in 
the South. In 1961 the Advisory Committees 



jointly published The 50 States Report, unftl now 
the only compilation in one volume of each Ad- 
visory Committee's assessment of civil rights 
developments in its State. 

The Advisory Committees to the U.S. Commis- 
sion on Civil Rights are a microcosm of the Na- 
tion. They are balanced by race, ethnic group, age, 
and sex as well as by geography, political affilia- 
tion, and occupation. The Commission also 
requires that senior citizens and leaders of the 
business community be adequately represented on 
all Advisory Committees. As of February 4, 1977, 
a total of 861 individuals were members. Included 
were 65 American Indians, 29 Asian Americans, 
244 blacks, 106 Hispanics, and 417 whites. There 
were 379 women, including nearly half the chair- 
persons. 

Advisory Committee members are leaders in 
their communities. Because of the balance used to 
select its members, each Advisory Committee is 
accessible to every constituency, both geographic 
and ethnic, in the State it serves. This assures 
citizen access to someone local and known. 

Members of the Advisory Committees serve 
without compensation but are reimbursed for stan- 
dard Governmental travel expenses. These Com- 
mittees are the eyes and ears of the Commission 
in the States. The Advisory Committees, 
moreover, are principal voices through which the 
civil rights concerns of citizens can be expressed 
to all levels of government — Federal, State, and 
local. Since it is not possible for the Commis- 
sioners and their Washington staff to monitor and 
evaluate every civil rights problem in each State or 
locality, they depend upon the Advisory Commit- 
tees to identify potential problems and to in- 
vestigate, report, and submit recommendations to 
the Commission on local and national matters. In 
this way, the Advisory Committees bring the Com- 
mission as close as possible to the citizens of the 
Nation. And just as the Commission serves as the 
civil rights conscience of the Nation, so have the 
Commission's Advisory Committees become the 
consciences of their States. 



The Advisory Committees have four major func- 
tions and responsibilities: 

Information 

The Advisory Committees obtain, analyze, and 
disseminate civil rights information in their States. 
They serve as liaison with community groups, at- 
tend or sponsor conferences and seminars, and 
assist the Commission in disseminating reports and 
recommendations through press conferences and 
other public meetings. 

Monitoring 

Advisory Committee members continuously 
monitor the implementation of civil rights laws at 
the grassroots level and respond to citizens' 
requests for onsite assessments of current or 
potential problems. In this way, they help the 
Commission identify civil rights trends and keep 
the Commissioners informed about developments 
as they occur. Through the Commission's regional 
staff, each Advisory Committee reports its obser- 
vations of civil rights issues in its State and pro- 
vides a detailed progress report on local projects. 

Investigative and Research Projects 

Since their inception, the Advisory Committees 
have issued more than 150 reports containing 
specific fmdings and recommendations on civil 
rights concerns. (Appendix 2 lists those reports by 
State.) Many of these Advisory Committee reports 
have been used by the Commission in developing 
recommendations for new legislation and policy. In 
addition to self-initiated studies, the Advisory 
Committees selectively participate in national 
Commission studies. In the past few years, coor- 
dinated by field and headquarters staff, studies of 
school desegregation, prisoners' rights, and im- 
migration have been receiving comprehensive and 
indepth attention from the Commission and its Ad- 
visory Committees. The Committees also serve by 
following up Commission activities and reports, as 
well as their own reports, and assess the extent to 
which recommendations have been realized. 

Complaints 

Another function of Advisory Committees and 
regional staff involves the receipt and transmittal 
of complaints alleging violations of Federal civil 
rights laws and policies. Written, walk-in, and 
telephone complaints from citizens looking for 



help from government are referred by the regional 
offices to appropriate Federal, State, or local agen- 
cies. 

Although most complaints are merely referred, 
complaints from organizations and agencies or the 
same complaint from many persons may result in 
specific action such as a full-scale project by re- 
gional staff or the Advisory Committee. 

Regional Offices 

The nine regional offices of the Commission on 
Civil Rights provide staff support, technical 
assistance, and guidance to the 51 Advisory Com- 
mittees. Each regional office is responsible for 
from four to eight States. Field representatives 
work directly with Advisory Committees and are 
assigned on the basis of one field representative 
for two Advisory Committees. Each regional office 
also has an attorney and a research-writer who 
work with all Advisory Committees. Some of the 
larger regions also have deputy regional directors. 

The Commission's field staff assist the Advisory 
Committees in the development of projects, play a 
major role in data collection, direct followup and 
implementation procedures, and are generally 
responsible for preparing drafts of Advisory Com- 
mittee reports. In each of these activities, many 
Advisory Committee members participate as wor- 
kers as well as advisors. 

In addition to their responsibilities to Advisory 
Committees, field staff carry out specific assign- 
ments from Washington. They maintain liaison 
with other governmental officials and private 
groups and generally keep abreast of civil rights 
developments within their regions. (Appendix 1 of 
this report is a roster of regional offices.) 

The Unfinished Business — 20 Years Later is the 
product of 5 1 separate, independent, and very dif- 
ferent Advisory Committees, and their reports 
reflect the diversity and pluralistic society which is 
America. For each of the civil rights laws which 
must be enforced, there are a multitude of charac- 
teristics, cultural traditions, and other variables in 
each State that require a local approach to achieve 
compliance. These 51 State reports are not 
uniform either in approach or in content. They are 
based on information developed in the course of 
public meetings, review of census data, extensive 
research, or field investigations. 



This report has three parts: ( 1 ) a summary of 
the State reports; (2) the 51 State Advisory Com- 
mittee reports in alphabetical order; and (3) ap- 
pendices which contain a roster of the regional of- 
fices, a chronological chart of State Advisory 
Committee publications to date, and a matrix 
chart of subjects discussed in the 5 1 State reports. 

Each report contains a brief profile of the State, 
a description of significant civil rights develop- 
ments in recent years within that State, a descrip- 
tion of the State's principal unfinished civil rights 
business, and a roster of State Advisory Commit- 
tee members. Documentation and reference cita- 
tions are on file in Commission offices and availa- 
ble upon request. 

Civil and Human Rights 

The jurisdiction of the Civil Rights Commission 
and its Advisory Committees does not now extend 
to international human rights matters. Neverthe- 
less, the Commission's work is integrally related to 
President Carter's efforts to expand and protect 
human rights throughout, the world. Indeed, the 
credibility and success of America's new foreign 
policy will be determined largely by the degree to 
which our Nation achieves domestic equality and 
social justice. The work of the U.S. Commission 
on Civil Rights and its 5 1 State Advisory Commit- 
tees is dedicated to that end. 



Summary 



The unfinished business of achieving compliance 
with civil rights laws remains a formidable task for 
all of America's citizens and their layers of govern- 
ment, despite visible progress in certain critical 
areas such as voting rights, public accommoda- 
tions, and public transportation. 

In their 1977 reports to the U.S. Commission on 
Civil Rights, the 51 Advisory Committees 
identified significant civil rights issues in their 
communities and described the current status of 
those issues in their historical context. 

An inescapable message emerges from these re- 
ports and creates a common thread — that each 
civil rights problem today is more complex and in- 
finitely more difficult of resolution than it was two 
decades ago when the Civil Rights Act of 1957 
became law. Amendments to that act and sub- 
sequent laws reflect both legislative attempts to 
achieve equal rights for all and some erosion of 
legislative commitment. More subtle forms of dis- 
crimination continue to materialize, requiring ever 
more stringent enforcement to ensure compliance 
with the law. 

The 1977 Advisory Committee reports reiterate 
the major problems of two decades 
ago — education and employment — and stress the 
need for access as well as equal treatment. School 
desegregation and economic problems remain high 
on the list of civil rights concerns that now include 
equal credit opportunity, equal pay for equal 
work, employment discrimination, affirmative ac- 
tion to overcome the effects of past discrimination, 
bilingual-bicultural education, discrimination in 
higher education, testing methods to determine 
employment and educational levels, stereotyped 
dead end roles, institutionalized discriminatory 
practices, and discriminatory allocation of revenue 
sharing funds and municipal services. 

Women's issues have emerged as one of the 
most important subjects in the 1977 Advisory 
Committee reports and range from employment 
discrimination and reproductive choice to equal 
credit opportunity and domestic violence. Many 



States report achievements in establishing State or 
local commissions on women. Prohibitions against 
gender-based discrimination in local ordinances 
were also reported, although enforcement of these 
laws varies among the States. 

The right to equal access to housing remains a 
major civil rights concern, despite the passage of 
open housing legislation in Title VIH of the Civil 
Rights Act of 1968. Just as the U.S. Commission 
on Civil Rights determined that housing issues 
constituted a principal area of interest in its first 
report (1959) to the President and the Congress, 
so have the State Advisory Committees in 1977 
voiced their concern about the housing needs of 
rural and urban residents. Federal housing and 
community development programs continue to 
hold the attention of concerned State and local or- 
ganizations. 

In the 1970s one of the major areas of State Ad- 
visory Committee research and factfinding activity 
has been the administration of justice, especially as 
it affects prison systems and police-community 
relations. Several Advisory Committees reported 
comprehensive studies of their State prison 
systems and other Advisory Committees continue 
to monitor the treatment of prisoners. Recommen- 
dations for minority staffing, from guards to ad- 
ministrative policymakers, reflect the Advisory 
Committees' awareness of the need for equal em- 
ployment opportunities and for ethnic and cultural 
sensitivity between prisoners and their keepers. At 
the same time, the shifting composition of the ci- 
ties requires local police forces that are sensitive 
to the ever changing sociological and cultural 
characteristics of each community. Advisory Com- 
mittees have recommended increased recruitment 
of indigenous police officers and locally initiated 
training in police-community relations as steps to 
improving local law enforcement. 

The right to vote and to participate in America's 
democratic political system are two of the basic 
tenets of our Constitution. Although the denial of 
these basic rights to minority citizens appears to 



be somewhat less blatant in 1977 than it was in 
the late 1950s, threats of economic sanction, ger- 
rymandering, and redistricting of minority commu- 
nities prevent or hinder full compliance with the 
law. Split and divided among several voting dis- 
tricts, blacks, Hispanics, and other minorities find 
their ability to elect members of their minority 
communities diminished or lost. 

Advisory Committees have reported that elec- 
tion or appointment of minorities to State and 
local positions is critical to influencing State and 
local policies and programs successfully, and 
several Committees have recommended judicial 
appointments of minority persons to create bridges 
between their communities and the justice system. 

Several reports described the achievements as 
well as the failures of State or local civil rights 
commissions, whose jurisdictions sometimes in- 
clude discrimination based on handicap, sexual 
preference, and age, in addition to race, color, 
religion, national origin, and sex. Only a few re- 
ports did not mention at least one such State or 
local agency. 

Communications and the need to provide 
minority groups access to the written and visual 
media are also emerging as important civil rights 
issues, as is the need for better information and 
census data on women of all races and on minority 
men. 

The State Advisory Committees also reported 
that the plight of predominantly minority migrant 
workers and their families is an issue no longer 
confined to the rural agricultural fields. Movement 
into unfamiliar industrial centers or urban areas 
has created hardships for migrant workers and 
their families, and the need for employment, wor- 
kers' compensation, housing, education, health, 
and other services is often invisible to the general 
population. 

Concern for undocumented aliens remains a 
critical civil rights issue in the 1970s. While 
Federal and State governments unsuccessfully at- 
tempt to count them, undocumented aliens have 
been accused of taking jobs from American 
citizens and increasing social and economic 
problems within ethnic communities, especially 
Hispanic. Exacerbated by some enforcement prac- 
tices of the Immigration and Naturalization Service 
of the U.S. Department of Justice, the problem is 
described as twofold: there is a need to protect the 



human rights of all people, alien or citizen, and 
there is the constitutional right of all citizens and 
resident aliens to be free from harassment or in- 
timidation that may result from erroneous identifi- 
cation as undocumented aliens. 

In all, 1 5 civil rights issues were identified in the 
1977 reports of the Advisory Committees: (1) 
education; (2) employment; (3) women's issues; 
(4) special groups, for example, blacks, Hispanics, 
Asian and Pacific Americans; (5) housing; (6) 
civil rights enforcement; (7) indigenous groups, for 
example, American Indians, Native Alaskans, Na- 
tive Hawaiians; (8) prisons; (9) police-community 
relations; (10) economic issues; (II) voting and 
political participation; (12) information and com- 
munications; (13) migrants; (14) health and 
safety; and (15) undocumented aliens. 

The 1977 report of the 51 State Advisory Com- 
mittees to the U.S. Commission on Civil Rights 
provides an overview of national civil rights 
progress, both achievements and failures, and 
presents a challenge to the Nation's respect for 
constitutional authority. Completion of the un- 
finished civil rights business will require renewed 
dedication to the principles of equal justice for all. 



Alabama 



Alabama has made progress toward assuring 
civil rights for all its citizens since the Selma 
March, the Montgomery bus strike, the Bir- 
mingham church arson, and the frequent use of 
police dogs. But Alabama still has a long way to 
go. Today the white "radical" lawyer who 
vigorously opposed Bull Conner's tactics and at- 
titude is mayor of Birmingham. The father of one 
of the young girls who died in the church fire is 
now a member of the Alabama Legislature, along 
with 15 other blacks. 

The desegregation of schools and public accom- 
modations — crisis areas of the early days — are 
usually "givens" today. Many persistent problems 
remain, however, most of which are economic and 
stem from the years of discrimination against 
blacks and suppression of women. SHarecropping 
is gone, but the hovels the workers lived in are still 
inhabited by their descendants. More than 180,000 
occupied dwellings in the State — almost 1 out of 
5— are substandard and dilapidated. In 21 of the 
State's 67 counties, 40 percent or more of the 
families exist on the lowest income levels in the 
Nation. In seven counties in southern Alabama, 
the per capita annual income ranges between $516 
and $1,499. 

The needs of the elderly and the rural 
poor— both white and black— for food, transporta- 
tion, education, and health services have hardly 
been touched by Federal programs, which appear 
to be designed primarily for urban centers. Except 
for the occasional visits of a VISTA worker, some 
old people living in the country reap little benefit 
from the nearly $ 1 billion in Federal monies 
Alabama receives each year. 

The first decade after passage of the Civil Rights 
Act of 1957 was devoted to the physical struggle 
for equality. During the second decade, following 
the deaths of Martin Luther King and the Ken- 
nedys, the Federal Government put forth myriad 
pieces of legislation to right past wrongs and 
created numerous agencies to implement programs 
designed to benefit the underprivileged. 



The impact of Federal laws on social change in 
Alabama has been positive in several areas 
because of one Federal judge, native Alabamian 
Frank Johnson, an Eisenhower appointee to the 
U.S. District Court, Middle District of Alabama. In 
three areas of civil rights which the Alabama Ad- 
visory Committee believes are critical to the 
State — prison reform, discrimination in govern- 
ment employment, and political participa- 
tion — Judge Johnson's influence has been signifi- 
cant. 

Civil Rights Developments 
Prisons and Human Rights 

The Advisory Committee initiated a study of 
State prisons in 1972. Extensive background in- 
vestigations and research were conducted in all 19 
institutions from November 1972 through July 
1974. Contact was established with key State cor- 
rectional officials, legislators, correctional officers, 
inmates, former inmates, civic groups, civil rights 
groups, and knowledgeable individuals, including 
members of the media. In March 1973 an open 
meeting was held in Montgomery, and the Adviso- 
ry Committee's report on prisons was released in 
1974. 

One key recommendation made in Alabama 
Prisons was that a public, biracial committee be 
appointed to monitor daily prison operations. Such 
a committee was established by the Federal court 
after suit was brought against the prison system. 
Dr. George Beto, appointed by the court to moni- 
tor change within the system, says that prisons in 
Alabama are now cleaner and less crowded and 
that rehabilitative programs have improved. 

Another important recommendation called for 
the expansion of all rehabilitative programs, with 
special emphasis on work release programs. 
Because of court orders and new legislation, 
prisoners are now involved in more useful work 
projects, new prison industries have been created, 
and State agencies are required to purchase 
prisoner-made products. The legislature, however, 



has still failed to appropriate sufficient funds for 
operating the system. As recommended by the Ad- 
visory Committee, Governor George Wallace 
named the first black to the board of corrections 
in 1974; there are no women on the board. 

Since the report was published, the Advisory 
Committee has engaged in extensive followup ac- 
tivity, including meetings with members of the 
Alabama Board of Corrections to review and 
discuss adoption of the Committee's findings and 
recommendations. In addition, the Alabama 
Legislature's Joint Committee on Criminal Justice 
used the Advisory Committee's study in its own re- 
port to the Governor. 

The Alabama Advisory Committee continues to 
monitor developments in the prison system. 

Employment 

The Alabama Advisory Committee has studied 
discrimination in employment and appointed posi- 
tions in State government, boards, and commis- 
sions. Mindful of the depressed economy, the low 
per capita income in Alabama, the high unemploy- 
ment rate among blacks, and the fact that the 
State employs about 25,000 persons (mostly white 
males). Advisory Committee members feel that the 
right to equal economic opportunity is the major 
area of concern in Alabama today. 

Women and minorities appear to have been ex- 
cluded from positions at decisionmaking levels, 
while access to higher paying jobs seems to be 
based on a "buddy system" rather than one of 
merit. 

Although more than 30 percent of Alabama's 
population are minorities, only about 3 percent are 
employed by the State. The jobs that women and 
minorities hold usually fall in the lower paying 
traditional categories, e.g., clerical and custodial. 
The Governor has not appointed any women to 
major State boards although a few black men are 
now beginning to appear in important and higher 
salaried positions. 

Alabama has never had a statutory provision of 
general application concerning equal employment 
opportunities. Persons who oppose discrimination 
in employment have sought remedies under the 
U.S. Constitution and the Civil Rights Acts of 
1866, 1870, and 1871. 

A Federal court order issued August 20, 1976, 
by Judge Frank Johnson gave the State 1 year *o 



show marked improvement in its current employ- 
ment practices regarding minorities. In his 
memorandum opinion. Judge Johnson cited all 70 
State agencies (with the exception of the depart- 
ment of public safety, already under a specific 
court order on hiring) for inadequate representa- 
tions of minorities, especially among the profes- 
sional and technical level pay grades. Judge John- 
son warned the State that if a marked improve- 
ment in minority employment was not evident in 
the records, the court would establish goals and 
timetables — as it had for the department of public 
safety. 

In mid- 1977, the Supreme Court ruled that 
Alabama's height and weight requirements for cor- 
rections officers were unconstitutional, thus paving 
the way for females to be hired in one critical ser- 
vice agency that has had the poorest female-to- 
male ratio of all Alabama departments. 

Voting Rights and Political 
Participation 

Although recent Federal court orders to reap- 
portion districts in the Middle District of Alabama 
have resulted in the election of 1 3 black State 
representatives and 3 senators, representation of 
minorities and women in local offices — town coun- 
cils, school boards, boards of aldermen, etc. — is 
still far short of their proportion in the State popu- 
lation. Alabama has about 51 percent women, but 
only 1 woman sits in the house of representatives. 
About a third of the State population is black, but 
only a small percentage has achieved State office; 
even fewer are to be found in local government. 

Clearly, the substantial increase in the number 
of black officeholders in Alabama does not ob- 
scure the fact that neither blacks nor women are 
represented in proportion to their numbers in the 
Alabama population. Overall, elected black offi- 
cials constitute only 2 percent of the officials in 
the State. 

At the municipal level, in what may be a land- 
mark case, in Mobile the U.S. district court in Au- 
gust 1976 ordered that the three-member, at-Iarge, 
commission form of local government be disman- 
tled and replaced with a mayor-council form. The 
court noted that only 10 percent of the 482 posi- 
tions on city commissions were held by blacks, 
although the city's population is 33 percent black. 
The ckiurt will rule later on the apportionment of 



8 



the election districts. Mobile city officials are ap- 
pealing the decision and have called on other U.S. 
cities with commission forms of government to 
help with the fight. 

The confrontations of the 1960s over permitting 
blacks to register to vote is almost forgotten now 
as political office seekers realize how powerful a 
swing vote this group can be. During the Bicenten- 
nial celebration in July 1976, Governor George 
Wallace issued a proclamation urging everyone to 
register and lauding the Voter Education Project 
for its past efforts. 

Nevertheless, the inability of blacks to become 
candidates for local office — city council, school 
board, mayor — became evident during an in- 
vestigation of complaints of voting fraud in 
Covington County. In the fall of 1976 the 
Southern Regional Office of the U.S. Commission 
on Civil Rights responded to an urgent request 
from a former Advisory Committee member who 
had served as a pollwatcher during a municipal 
election in Opp, a small Covington County town. 
Allegations of violations of civil rights laws and 
denials of equal justice under the law were made 
by Opp residents, white and black, who agreed 
that every possible State and Federal resource had 
been contacted for help and that the appeals for 
election observers had not brought any response 
from responsible officials. 

Sworn statements and other materials related to 
the allegations were forwarded to the Assistant At- 
torney General for Civil Rights, U.S. Department 
of Justice. 

Unfinished Business 

The Alabama Advisory Committee believes that 
the State, itself one of Alabama's largest single 
employers, must set an example for private em- 
ployers by altering its hiring and promotion prac- 
tices. The State's working population at all levels 
and categories of employment should be propor- 
tionally representative of the available work force. 
More than rhetoric and token appointments are 
necessary to correct the imbalance in the 
hierarchy of Alabama's State government. Basic 
changes in attitude and practice are needed. 

The Advisory Committee believes the U.S. De- 
partment of Justice should be encouraged to ex- 
pand its suit against the State of Alabama to cover 
discrimination against women as well as blacks. 



Committee members contend that the placement 
of more women and minorities in responsible posi- 
tions in State government will yield a more 
representative civil service and, in turn, more 
equitable distribution of services. 

What became clear during the investigation in 
Opp was that the Voting Rights Act of 1975 is in- 
adequate to protect political participation rights 
above and beyond the registration of voters. While 
the Department of Justice monitors voting in 
Alabama counties with a majority of black voters, 
it does not monitor districts such as Covington 
County where blacks comprise a third of the popu- 
lation. 

Violent actions to prevent voter registration 
have been replaced with economic intimida- 
tion — threats of loss of State licenses, loss of jobs, 
and foreclosure of mortgages. Allegations include 
offers to purchase votes for small amounts of 
money, falsification of registered voter lists, and 
interference with the prerogative of illiterate per- 
sons to choose who can assist them in the voting 
booth. 

While literacy is no longer a requirement for 
voting, thanks to the Voting Rights Act, advantage 
may be taken of some illiterate voters as they re- 
portedly are "aided" by poll officials who may pull 
levers or punch holes for candidates other than 
those chosen by the voter. 

The Alabama Advisory Committee believes that 
the U.S. Commission on Civil Rights is the agency 
best suited to study the comprehensiveness of cur- 
rent and proposed voting rights legislation regard- 
ing protection beyond registration. This Advisory 
Committee will propose, for its part, to conduct a 
case study in Alabama on the equity of local 
procedures. The study would assess such 
procedures as the selection of poll officials and 
preparation of eligibility lists, and would evaluate 
the need for independent monitoring of many such 
procedures. The most basic right guaranteed by 
the U.S. Constitution must be protected against 
new threats posed to minorities, the illiterate, the 
elderly, and persons who do not speak English as 
their native language. 



Alabama Advisory Committee 
l\/lembers 

Marie S. Jemison, Chairperson 

Edgar D. Nixon, 

Vera Foster 

Consuello J. Harper 

David A. Baylinson 

Heager L. Hill 

Jerome G. Cooper 

Norman Lumpkin 

Virginia Durr 

Henrietta Macguire 

Michael A. Figures 

John Nixon 

Alber S. Foley 

Andre J. Taylor, 



10 



Alaska 



The State of Alaska has a total population of 
300,382. The single largest ethnic group is the 
Eskimo (28,186). American Indians (16,276) are 
the second largest ethnic group; Aleuts number 
6,352. The Native Alaskan population is 17.9 per- 
cent of the State's total population and resides 
mainly in rural areas. 

In Alaska 12.8 percent of the population lives 
below the poverty level; a disproportionate 
number are American Indians and Eskimos. 

Civil Rights Developments 

Native Alaskans are in cultural transition. Tradi- 
tional customs and patterns are being synthesized 
with modern or majority ways. Education is one 
area which mirrors the changing ways. 

Public elementary school children in Alaska at- 
tend either borough or unorganized borough 
schools. Borough system schools are overseen by 
the State department of education. In the 
"unorganized boroughs," students attend either 
Bureau of Indian Affairs (BIA) schools or State 
Operated Schools (SOS). 

AH rural schools were at one time either BIA- 
or church-operated. Today the BIA runs only 5 1 
schools, while the SOS runs school programs in 
127 villages. Fewer than 5 percent of those cur- 
rently teaching in rural schools know the local lan- 
guage or culture. Several programs in recent years, 
however, have attempted to improve educational 
programs, particularly in the bush areas. 

In 1970 the BIA began a bilingual pilot program 
in four Bethel area villages using funds from Title 
I of the Elementary and Secondary Education Act. 
The participating villages had one central orthog- 
raphy and the teachers were Native Alaskans. 
Three more villages were included in 1971. 

Public elementary schools run by the Bureau of 
Indian Affairs have expanded their bilingual-bicul- 
tural programs from 7 to 1 1 schools. There are 
also 13 bilingual-bicultural kindergarten programs. 

In 1972 the Alaska State Legislature mandated 
that an SOS which received Federal funds and was 



located in a village with more than 15 children 
whose primary language is other than English must 
have at least one teacher who is fluent in the na- 
tive language spoken in the particular area. That 
act stipulated that written and other materials in 
such villages be produced in the relevant language. 
A bilingual education fund was also set up. The 
State Operated School system of Alaska has 52 
bilingual programs in 98 schools. 

Federal funds through the Johnson-O'Malley 
Act are used for 64 programs in 58 schools 
throughout the State. Programs for Native Alaskan 
education are also funded under the Indian Educa- 
tion Act of 1972. The Alaska Education Program 
for Intercultural Communication is directed by the 
State and is funded under Title IV of the Emer- 
gency School Assistance Act and Title VII of the 
Elementary and Secondary Education Act. 

There are few postsecondary facilities in rural 
areas. Most Native Alaskan children who want a 
postsecondary education must leave their villages. 
This extended separation from family and village 
has often been a traumatic experience, even when 
the need for educational advancement is recog- 
nized. 

Three years ago, in a case still under litigation, 
the Alaska State Operated School system was 
sued. The lawsuit charged the school system with 
racial discrimination by its failure to provide equal 
educational opportunities for Native Alaskan chil- 
dren. 

In a recent development, the Alaska Legislature 
on July 1, 1976, passed S.B. 35, which dealt with 
public education in the unorganized boroughs. 
This legislation did away with the State Operated 
School system and set up regional education 
boards with elected members. 

Postsecondary education in Alaska is predomi- 
nantly urban oriented. The university system has 
nine community colleges. Eight of these are 
located in non-Native urban areas. One is located 
in the Native town of Bethel. The main university 
campus is just outside Fairbanks. The university 



II 



system has a weak affirmative action program. A 
court case on employment discrimination brought 
by a nonwhite woman is currently being litigated. 

Administration of Justice 

Problems in the administration of justice in rural 
Alaska have received a great deal of publicity in 
the last few years, chiefly because of the efforts of 
the Alaska Legal Services. 

In rural areas, there is inadequate police protec- 
tion. Out of 188 State troopers, 12 are assigned to 
rural Alaska, and only 1 is Native. Of 200 magis- 
trates in the State, there are only 6 Native village 
magistrates. Language problems and charges of 
unequal application of fish and game laws are also 
recurrent problems in the justice system. 

The Bush Justice Conferences held in Minto 
(1974) and in Anchorage (1977) found the fol- 
lowing: 

• Police protection for village people is inferior 
and in need of improvement. 

• The importance of fish and game protection 
to village people is underestimated by State 
authorities, and fish and game laws are 
unequally applied between sport and subsistence 
users. 

• Village people do not generally understand 
the State justice system and the State justice 
system does not generally understand the village 
people. 

• Village people do not want their children or 
their elderly removed from the village by the 
schools, courts, police, or other agencies. 

• Participation of village people in virtually all 
agencies of the justice system is severely lacking. 

• Village life should be governed by village law 
and custom as much as possible. 

• Progress in the improvement of the bush 
justice system has been much too slow. 

Trials usually take place in urban areas, causing 
financial hardship to Native Alaskan defendants 
who must travel to and from home villages. Lan- 
guage and translation difficulties severely hamper 
equitable administration of justice. 

Discrimination against minors, especially within 
the criminal justice system, is also a concern. 
Several legislators are reviewing the possibility of 
providing counsel for minors in custody cases. De- 
pendent Native children and children in need of 
supervision are often placed in foster homes which 



do not reflect the values and customs either of 
their own homes or of their community. Rural Na- 
tive children are often placed in white, urban, mid- 
dle-class homes. 

The female offender is under considerable disad- 
vantage in the Alaska justice system. Anchorage 
jail facilities are not as extensive for women as 
they are for men. Male offenders under pretrial 
detention are segregated from hardened criminals, 
but no such segregation exists for female offen- 
ders. 

Although the Alaska Division of Corrections 
provides institutional programs such as vocational, 
educational, and work programs to male offenders, 
it does not provide these programs to female of- 
fenders. 

Employment 

In 1972 Alaska's overall unemployment rate was 
10.4 percent. The unemployment rate for Alaska 
Natives is 20.6 percent. 

For many Native Alaskans, work is seasonal. 
They are also not recruited or trained for 
managerial positions. For those employed by the 
Bureau of Indian Affairs, promotion is often slow; 
the BIA has been lax in affirmatively promoting 
Native Alaskans. 

To ameliorate some of these conditions, the Oil 
Lease Hire Act of the State of Alaska stipulates 
that the commissioner of natural resources must 
hire qualified Alaskan residents for all projects 
arising from leases, easements, and right-of-way 
permits for petroleum purposes. The State has also 
developed the Alaska plan — an affirmative action 
agreement setting specific goals for minority wor- 
kers in the State construction industry. 

Women 

Women's participation in the labor force is in- 
creasing. Younger women, especially those under 
age 35, and married women, especially those with 
small children, are finding employment. In spite of 
a dismal past history, 40 percent of Alaskan 
women are in the work force. Although the 
number of women employed has tripled, their par- 
ticipation in State government employment has 
declined. 

The goal of 14.1 percent female workers in 
blue-collar employment set by the U.S. Equal Em- 
ployment Opportunity Commission and the State 



12 



human rights commission was achieved in 
1973-74. However, the 1975-76 level of female 
participation declined to 7.4 percent. 

Women are employed in three traditional occu- 
pational categories; clerical, service, and low-status 
professional. According to a report issued by the 
State for International Women's Year, A Prelimi- 
nary Study: The Status of Women in Alaska, 
women are discriminated against in classifications, 
pay schedules, and promotional practices. 

Health Services 

Women and minorities allege discrimination in 
health delivery services. Native Alaskans living on 
non-Federal land are provided health care by the 
Alaska Native Health Service; rural Natives seem 
to be generally satisfied with this system except for 
dental care. Allegations have been made that Na- 
tives receiving services from the Native Health 
Service are excluded from receiving any State 
health services. 

Anchorage Natives have recently charged that 
the Alaska Native Service Hospital is not meeting 
the needs of its clients. Women have alleged that 
public gynecological and obstetrical clinics are 
staffed by inadequately trained personnel. 

Unfinished Business 

A major concern on the part of Native Alaskans 
is that the laws which are ostensibly for the pur- 
pose of assisting Native Alaskans are in some ways 
having the opposite effect. The Civil Rights Act of 
1964, as amended in 1972, and Alaska Statute 
18.80 were designed primarily to address the 
needs of urban minorities in the areas of employ- 
ment, housing, and public accommodations. 
Because Alaska's minority population is concen- 
trated in rural areas, Federal and State statutes do 
not meet the needs of the State's most populous 
minorities: Eskimos, American Indians, and Aleuts. 

In Alaska, a low-cost dwelling may cost as much 
as $85,000 in certain geographic areas because of 
the severe weather conditions, particularly per- 
mafrost. The Department of Housing and Urban 
Development (HUD) in fiscal year 1977 allocated 
$2,588,000 for nonmetropolitan Indian housing. 
Through their own managerial skills and govern- 
mental bodies, the Tlingit-Haida tribes (working 
with HUD) have developed a successful building 
program. 



Native Alaskans want to increase Native control 
and they want State and Federal agencies to 
recognize their traditional customs and patterns. 
Eskimo village councils have almost no power, but 
are controlled by the State and Federal govern- 
ments. If the Federal Government authorizes 
offshore drilling, such activity will affect coastal 
villages. Residents of the villages have no voice 
about when or how the drilling will take place. 

There is also need to revise Alaska's criminal 
code to minimize discretion in setting prison sen- 
tences to assure equitable administration of justice. 

Alaska's minorities based a great deal of hope 
on one section of the Trans-Alaska Pipeline 
Authorization Act of 1973 which charged the 
Secretary of the Interior with the responsibility of 
ensuring an affirmative action plan for minority 
hiring on pipeline construction work. Two sections 
of the agreement and grant of right-of-way for the 
Trans-Alaska Pipeline (between the United States 
and the various member corporations of the 
Alyeska Pipeline Company) deal with equal em- 
ployment and Native hiring. Negotiations on affir- 
mative action plans between the Government and 
the pipeline companies were conducted in January 
1975. However, only a small number of minorities 
and women were hired. With the recent comple- 
tion of the pipeline construction, the issue may be 
moot and there is little hope that women and 
minorities will find employment in the exploration 
of other natural resources such as coal and natural 
gas. 

Alaska Advisory Committee 
Members 

William Hensley, Chairperson 
Michael F. Beirne 
Thelma Buchholdt 
Gilbert Gutierrez 
Francis T. Hurley 
Robert Kelly 
Daniel Lisbourne 
Richard Stitt 
Rosalee Walker 



Arizona 



13 



Arizona, with a land area of 113,417 square 
miles, had a population of 2,270,000 in 1976. The 
population in the Grand Canyon State includes: 
Hispanics, 405,200; American Indians, 117,900; 
blacks, 63,300; and other nonwhites, 13,500. 

Arizona's history reflects the traditional image 
of the Old West. Despite a focus on rugged in- 
dividualism and the frontier spirit, the treatment of 
Arizona's minority population, especially Amer- 
ican Indians, includes oppressive, exploitative, and 
discriminatory practices. Perhaps the best example 
of this treatment was the relegation of Native 
American Indians to reservations on marginal-sub- 
sistence land. 

The effect of these practices has been devastat- 
ing to Arizona's minority population, especially the 
Indians. In 1970 the median number of years of 
school completed by the Arizona white population 
25 years and older was 12.3 years. For the black 
population it was 9.7 years, and for Mexican 
Americans the median number of years completed 
was 9.0. For American Indians, the median was 
7.8 years. 

Civil Rights Developments 

American Indian children face special problems 
that complicate their educations. They encounter 
new concepts, values, and attitudes when they 
enter school and many must learn English as a 
second language. A large proportion have also 
grown up in isolation both geographically and so- 
cially and have had little or no experience with the 
larger society. Reservation Indians live in remote 
areas of Arizona which isolates them economi- 
cally. For example, most of the Navajo Reserva- 
tion, encompassing some 24,000 square miles, is 
remote from any major nonreservation population 
centers and employment opportunities. 

Nonreservation Indians and other minorities 
continue to face problems in such areas as ad- 
ministration of justice, employment, and housing. 
The U.S. Commission on Civil Rights has docu- 
mented that low educational and occupational 



levels are usually accompanied by low incomes; 
this is also the case with American Indians and 
other minorities in Arizona. 

The Arizona Advisory Committee has been ac- 
tive in attempting to document abuses of Indian 
civil rights and to offer recommendations for con- 
structive change. In addition, other Federal and 
State agencies and private groups have pressed 
their concerns for a redress of inequities. 

Administration of Justice 

In 1974 a bill to make the Arizona Department 
of Corrections into an educational district passed 
the State senate but was defeated in the house. 
The law would have required and funded eighth- 
grade education for all State prisoners and made 
the penal institutions eligible for Federal funds for 
special projects such as bilingual and vocational 
training programs. 

A 1974 study by professors at the University of 
Arizona on medical services available to prisoners 
criticized the prison administration's medical care 
for women, the general state of mental health ser- 
vices, and the failure of communication between 
the administration and the prisoners. The study 
also recommended the establishment of an alcohol 
and drug abuse program. 

On March 14-15, 1974, the Arizona Advisory 
Committee conducted informal hearings on adult 
corrections in Arizona. The study found that the 
State prison at Florence was grossly overcrowded 
and that available facilities were inadequate. 

The Arizona Advisory Committee report, Adult 
Corrections in Arizona (January 1975), stated in its 
recommendations that "speedy selection of an 
urban site by the Department of Corrections for its 
planned medium security facility is imperative." 
Work on a new medium security State prison offi- 
cially began in June with groundbreaking on a 
640-acre desert site near Tucson. 

The Arizona State Prison at Florence continues 
to experience problems. A 2-month long, peaceful 
work strike by most of the inmates was marred in 
April 1977 by episodes of violence involving more 



14 



than 200 annates wbo damaged dormitories and 
guard stations dnriDg tbe 3-<lay rampage. The 
State corrections director appealed to legislative 
leaders for additional funds to move 120 women 
praooeis from Florence to a Maricopa County 
facility in Phoenix to relieve overcrowded condi- 
tions. 

Local law enforcement problems go beyond 
overcrowded conditions and inadequate facilities. 
-A report issued in November 1975 by the Arizona 
Civil Liberties Union sharpK criticized the ad- 
ministration of justice to American Indians in Flag- 
staff. .Arizona Major allegations of the report are 
that the Flagstaff municipal court practices illegal 
incarceration of intoxicated persons, fails to in- 
fona defendants of their rights to counsel, and too 
casoaOy accepts guilty pleas of Indian defendants. 

The Arizona Advisory Committee conducted 
bearings on the adminbtration of justice for Amer- 
ican Indians in off- reservation areas in November 
1975. and released its report Justice in Flagstaff: 
Are These Rights Inalienable? on March 16, 1977. 
in Phoenix and Flagstaff 

The Committee's report stated that the adminis- 
tration of criminal justice in Flagstaff is not always 
equal for aD persons regardless of race. Although 
part of the problem derives from cultural conflict, 
tbe Committee found deficiencies that could be 
rectified with minimal effort by the State of 
Arizona and tbe city of Flagstaff. Specifically, the 
Arizona AdviKKy Committee found: ( I ) that un- 
neceaary arrests in violation of the law are made 
of persons wbo are simply intoxicated: (2) that the 
State of ATUjnm^ and the city of Flagstaff have 
failed to ensure the funding of local alcoholbm 
reception centers; < 3 j that, of those persons ar- 
rested for minor traffic offenses. Flagstaff illegally 
requires bonds only from American Indians; (4) 
that nonlawyer magistrates fail to advise defen- 
dants fully of their constitutional rights in criminal 
proceedings; (5) that a fiill-time court interpreter 
is needed for those Indians who do not speak En- 
glish; (6) that Arizona needs to create a statewide 
public defender system; and (1) that courts should 
ensure that American Indians are not excluded 
from jury panels. 

In 1977 the Tucson Police Department dropped 
Spanbh language culture classes begun in 1975 
because of increased costs and inability to guaran- 
tee officers assignments in Hispanic neighbor- 



hoods. About 24 percent of the city population is 
Mexican American. The Tucson Police Depart- 
ment has 68 Mexican American officers, out of its 
535-member work force. 

Border patrol agents operating in Pima County 
and on the Papago Indian Reservation in southern 
.Arizona arrested 531 undocumented aliens during 
April 19"7. Arrests in the Tucson sector, which in- 
cludes the entire State except for Yuma and 
Mojave Counties, numbered 3,691 in April. 

Education 

Educational issues remain a priority item in the 
State. Black parents sued Tucson School District 
No. 1 in 1974 charging it with discrimination 
against black students. A similar suit was filed on 
behalf of Mexican American students, the districts 
largest minority, that same year. Tucson School 
District No. 1 was ordered to submit a plan for 
desegregating its schools in February 1976 by the 
Office for Civil Rights. Department of Health Edu- 
cation, and Welfare In April 1977 lawyers for the 
parents and the L.S Justice Department outlined 
segregation practices that they allege have existed 
in Tucson. Arizona, since the early 1900s. The 
lawsuits being heard in Federal court claim the 
school dbtrict's segregation practices have 
deprived minority children of an equal education. 

The Arizona Governor $ Advisory Committee on 
Community Coordinated Child Care issued its 
third report in November 1975. The report recom- 
mends the establishment of quality bilingual edu- 
cation and preventive health care services for chil- 
dren in Arizona. The report specifically noted that 
minority children, especially American Indians and 
.Mexican Americans, are receiving an inadequate 
education and need these services. 

Fourteen Arizona school districts were cited in 
June 1976 by the San Francisco Office for Civil 
RighU (HEW J for failure to comply with Title VI 
of the Civil Righto Act of 1974 and the U.S. 
Supreme Court's Lau v. Sichols decision on bilin- 
gual education. The districU were directed to sub- 
mit plans which will ensure compliance. 

On October 19. 1976. a Federal court in 
Washington, DC. ruled that a regulation of the 
U.S. Department of Health, Education, and Wel- 
fare denying incremental impact aid paymento to 
school districU for handicapped Indian children 
was illegal. The ruling came in Chinle Common 



IS 



School District So. 24 v. \tathfws. The practical 
effect of the court's decision is to make several 
million dollars available to the &00 school districts 
that enroll Indian children with specific learning 
disabilities. The plaintiffs, three school districts 
located in Apache County. .-Vrizona. provide such 
education to the Indian children living on the vast 
Navajo Reservation in the northeastern part of the 
State and receive regular impact aid funds 

.\s part of the l.S. Commission on Civil Rights" 
focus on school desegregation in l*)7^. the 
Arizona Advisory Committee undertook a review 
of Tempe Elementary School District No. 3. HEW 
had begun an investigation of the district in Wl. 
and in l"*'? the school Kiard had adopted its plan. 
With district and community commitment, the dis- 
trict is desegregated today. 

Employment 

The first study of problems related to the civil 
rights of .\merican Indians in the Southwest un- 
dertaken by the U.S. Commission on Civil Rights 
\\as in 1172. As a part of that study, a public hear- 
ing was held in Phoenix. .Arizona The issues raised 
at the hearings and the Commission's observations 
were released in its May W? study The Souihytcsi 
Indian Report. 

Subsequently, the Commission conducted a 
study of educational and employment opportuni- 
ties, and medical and health care facilities on the 
Navajo Reservation in 1*J73, .A report of the Com- 
mission's investigation. The .S'avojo S'ation: .4n 
American Colony, was released in September l'i"'5. 

Both reports revealed the serious employment 
problems of Native .Americans in .Arizona. The 
State could not avoid the facts. Consequently, the 
Arizona Legislature passed a bill (etTective .August 
9. 1*^74) which strengthened the State civil rights 
act by adding coverage of the employment law to 
employers vkith 15 or more employees. It also 
placed enforcement power for the act in the State 
department of law. which is empowered to t"ile suit 
against respondents of discrimination complaints 

The Arizona .Advisory Committees followup 
study to the Commission's project on Indian em- 
ployment. Indian Employment in .Arizona, was is- 
sued in February !'»".> This report revealed that 
very few Indians were being hired in any field and 
that, even in Federal agencies such as the Bureau 
of Indian .AtTairs and the Indian Health Service 



which are statutorily obligated to give Indians 
preference. .American Indians were concentrated 
in the lower job levels. 

In 1974 the staff of U'assaja, an Indian 
newspaper in San Francisco, conducted its own 
survey of private employer?; in .Arizona It found 
that "the situation had not appreciably altered." 
Employment of Indians had not increased, and In- 
dians presently v»orking in private industry hold 
low-paying jobs. Employers attribute the problem 
to transportation problems and Indian exclusion 
from laK^r unions. 

Women 

.Arizona's Women's Commission released a re- 
port to the Governor in June 1976 on the employ- 
ment of women in Slate agencies. The report 
noted; women are employed in lower paying ji>bs; 
earning disparities exist between male and female 
school superintendents (men are paid an average 
of S;2.4SS per year compared to $11.3*^^ for 
women 1; and only 5 pereent of Tucson city 
government employees earning more than SI 3,4 1 6 
annually are women 

In 19''~ the I nion Bank of Tucson agreed to 
pay nine women S1.»S,400 and to make a number 
of changes in hiring and pn.'imotion practices as 
the result of a sex discrimination suit. Lawyers for 
the women, current and former employees of the 
bank. s;\y the case could set an example for other 
businesses in .Arizona. The bank has agreed to en- 
sure that by 1*^81 about half the banks otTicers 
will be women and that the "ethnic composition of 
its work foree will reflect Tucson's ethnic com- 
position. The bank also agreed to prv>mote two of 
the plaintitTs, rehire three, and prvwide training op- 
portunities for several others. 

Unfinished Business 

Although some change has been initiated, the 
pn>blems faced by minorities and women in 
.Arizona require continued monitoring and rex'om- 
mendations for change Thrvvugh diligence and 
commitment to civil rights, constructive change 
will continue to overcome .Arizona's discriminatory 
practices. 



16 

Arizona Advisory Committee 
Members 

Morrison F. Warren, Chairperson 

Rudolph J. Gerber 

John Glass 

Edward M. Guerrero 

Maria Elba Leon 

Juana Lyon 

Rita Madrid 

Peter MacDonald 

Diane McCarthy 

Grace McCullah 

Catherine Palmquist 

Manuelito Pena 

Theodore E. Williams 

Peterson Zah 



Arkansas 



17 



Arkansas has not undergone the massive ur- 
banization process familiar to many other States. 
According to 1970 census information, 50 percent 
of the State's population is rural. The only Stan- 
dard Metropolitan Statistical Areas (SMSA) 
located entirely within the State are the Little 
Rock-North Little Rock SMSA and the Pine Bluff 
SMSA. The Arkansas Advisory Committee's re- 
port, Blacks in the Arkansas Delta, noted that 
many of the rural counties in eastern and southern 
Arkansas have 50 percent or more black popula- 
tion with enormous economic and social problems. 

In 1970 Arkansas had a population of 1,923,295 
as compared to 1,786,272 in 1960 — a 7.7 percent 
increase for the 10-year period. A racial break- 
down of the State shows 1,565,915 (81.4 percent) 
white; 352,445 (18 percent) black; and 4,935 
(0.25 percent) all other races. The median school 
years completed for whites was 11.1 while it was 
8.0 for blacks. Whites had a median income of 
$6,828. Median income for blacks was $3,481. 

Civil Rights Developments 
School Desegregation 

The most significant year since Brown in 1954 
for important court action affecting school 
desegregation in the South was 1957. In that year. 
Little Rock, Arkansas, a relatively isolated, small 
city in the mid-South became a focus of world at- 
tention when the Governor of the State called out 
his troops to prevent black children from entering 
Central High School while making no attempt to 
disperse the belligerent segregationist mob which 
had gathered. 

At issue was the constitutional authority of a 
State against that of the Federal Government. At 
stake was the safety of a number of black school 
children threatened by violence. The city of Little 
Rock was obscure no longer— it had become a 
symbol of racism which showed that many adults 
were not hesitant to frighten and threaten school 
children. 



The constitutional issue was resolved on Sep- 
tember 24 when President Eisenhower ordered 
Federal troops to Little Rock to prevent inter- 
ference with a Federal court mandate ordering ad- 
mission of black pupils to the previously all-white 
school. The President's action marked the first 
time since the Reconstruction period that the 
Federal Government had used its full powers to 
compel safe and equal treatment for blacks in the 
South. 

Following the President's decision, the Secretary 
of Defense had 1,100 members of the 101st Air- 
borne Division flown to Little Rock and ordered 
into Federal service 10,000 members of the Ar- 
kansas National Guard; the latter had been carry- 
ing out anti-integration action at the school under 
the orders of Arkansas Governor Orval E. Faubus. 
Federal troops were ordered to Little Rock specifi- 
cally to assure that a court order for desegregation 
of the high school was carried out. 

On the morning of September 25, nine black 
children, making their third attempt to enter Cen- 
tral High School, were safely escorted through the 
school's front door by U.S. Army troops as 350 
armed paratroopers stood guard. 

Accurate accounts and descriptions of those 
dramatic September days were vividly described 
by Benjamin Fine of the New York Times, one of 
the reporters who had been assaulted by the angry 
mob on several occasions: 

Troops from the Army's 101st Airborne Divi- 
sion, carrying carbines and billy clubs, took 
posts around Central High tonight... 

With police sirens wailing and headlights 
flashing, Army trucks loaded with soldiers 
roared into position.... 

With the arrival of federal troops, including 
some Negro soldiers... Negro students decided 
to try again to enter the high school.... 

At year's end, troops still remained in Little 
Rock to prevent any further attempts to violate 
court-ordered mandates calling for school 
desegregation. 



18 



Another important court decision dealing with 
Arkansas school desegregation occurred in 1958 
when the U.S. Supreme Court made clear in 
Cooper V. Aaron that State-imposed barriers of ra- 
cial discrimination were "at war" with the require- 
ments of the Constitution. Segregation as a way of 
life in this country was doomed by the decision of 
the U.S. Supreme Court in this case. This decision 
told the segregationists that the Court would not 
back down from its 1954 decision that found ra- 
cial segregation in violation of the Constitution. 

The Cooper decision could not have come at a 
more appropriate time. With the Arkansas plan of 
"massive resistance" lending an aura of respecta- 
bility to the rebellion against the law of the land, 
some people may have believed that they might 
not have to comply with the Supreme Court's 
decision after all. A number of lower courts had 
begun attempts to water down and weaken the 
Court's holding. But after the Court's ruling in 
Cooper, many in the South began to modify their 
policies. 

Public Accommodations 

Blacks in Arkansas as well as throughout the 
South had long been denied the freedom of mo- 
bility because of discriminatory tactics used in 
public accommodations. In its ruling in the Heart 
of Atlanta Motel v. United States, the Supreme 
Court upheld the constitutionality of Title 11 of the 
Civil Rights Act of 1964, a provision barring dis- 
crimination in restaurants, hotels, and other places 
of public accommodation. 

However, in Arkansas application of the Atlanta 
decision was slow in developing. Vigorous litiga- 
tion on behalf of blacks in Arkansas in the mid- 
sixties helped bring about changes in public ac- 
commodations. The U.S. Supreme Court ruled in 
1964 in Hamm v. City of Rock Hill that the State 
cannot prosecute for trespassing persons who are 
peacefully conducting sit-ins under the Civil Rights 
Act of 1964. This case dealt with the issue of sit- 
in demonstrations in luncheon facilities of retail 
stores which did not serve blacks in Arkansas. 

Employment 

Affirmative commitment to the employment of 
blacks and women in the private and public sec- 
tors has been on the upswing, but there are still 
many areas of employment closed to them. The 



city of Little Rock, as an example of public sector 
employment, has established in its affirmative ac- 
tion plan a firm commitment to a 20 percent 
minority employment policy for city jobs as they 
become available. Yet the plan reveals a history of 
heavily lopsided employment practices, disclosing 
that: 

• Of the 25 1 jobs held by blacks and nonwhite 
males, 140 were in jobs categorized as un- 
skilled/maintenance. 

• Of the 78 positions categorized as offi- 
cial/administrator, blacks and nonwhites (males 
and females) occupy only 3. 

• Of the 249 black males employed, 73 percent 
were paid annual salaries of less than $8,000. 

• Of the 846 white males, 89 percent received 
annual salaries of $8,000 and above. 

• Of the 163 female workers of all races, 83 
percent received annual salaries less than 
$8,000. 

• Only 1 female received an annual salary 
above $12,999, while 82 males (all races in- 
cluded) received salaries above $12,999. 

In the private sector, there have been a number 
of major employment discrimination cases filed by 
blacks in Arkansas recently. For example, in 1970 
a State court held in Parham v. Southwestern Bell 
Telephone Company that where the work force was 
almost completely white, an employer's system of 
recruiting new workers on the basis of recommen- 
dations of employees violated the Civil Rights Act. 

There is overwhelming evidence that women are 
not getting an equal share of the economic re- 
wards. Looking only at those who actually worked 
50 to 52 weeks in 1970, the median earnings of all 
men in the experienced labor force were $6,164; 
for women, the median earnings were 60 percent 
of that figure ($3,711). 

According to the 1973 report of the Governor's 
Commission on the Status of Women, about 70 
percent of women workers earned less than 
$4,000. Fifty percent earned less than $3,000, and 
35 percent earned less than $2,000. At the upper 
end of the earnings scale, only 17 percent of Ar- 
kansas women earned $5,000 or more a year. Only 
1 percent of all working women earned more than 
$10,000 annually. 



19 



Political Participation 

Minorities and women are clearly under- 
represented in the Arkansas political structure. 
There are one woman and one black man in the 
35-member State senate, while there are three 
black men and two women among the 100 State 
representatives. There are no minority or women 
county judges in Arkansas; there are only a hand- 
ful of women mayors, city council, and city board 
members. 

In the appointive positions, women hold 11 (1.1 
percent) of the 1,035 positions on the State's 152 
boards and commissions. Blacks on the other 
hand, hold 26 (2.5 percent) positions. As noted by 
the Governor's Commission on the Status of 
Women, those minorities and women who have 
been appointed serve almost exclusively in tradi- 
tionally minority and women's areas such as wel- 
fare and nursing. Significant steps have been taken 
primarily through the Office of the Governor to 
assure minorities and women representation on 
State boards and commissions. 

Overall, there have been some significant 
changes made in the area of voting to increase 
black participation in the political process, such as 
elimination of the poll tax and the grandfather 
clause. But there is more to be done. Legislative 
reform, such as single-member districting and 
changes in attitudes on the part of Arkansas State 
government are needed if minority representation 
is to occur. Furthermore, increased political in- 
volvement by the black community is required to 
guarantee minority appointments to a wide range 
of State boards and commissions. 

Housing 

In Arkansas many blacks are forced to live in 
overcrowded and deteriorating housing because 
they are poor. Presently, the few urban centers 
that Arkansas has are faced with a mounting crisis 
in the shortage of low-income housing, most of 
which is substandard. Furthermore, the supply of 
low-cost housing is unable to match the increasing 
demand by the poor and blacks in the cities. As 
the present housing situation becomes more acute, 
the unavailability of good low-income housing will 
become an increasingly important civil rights issue. 



Unfinished Business 

Progress in civil rights in Arkansas over the past 
20 years began with an eruption at Central High 
School. Now there is relative calm. Although the 
blatant discriminatory actions and policies of the 
late 1950s and early 1960s have become more 
subtle, particularly in employment and housing, 
blacks are still oppressed. Rising to the challenge 
are many new political groups who are bringing to 
the forefront the problems of blacks in the State 
and offering solutions. 

Arkansas Advisory Committee 
IVIembers 

Morton Gitelman, Chairperson 

Oily Neal, Jr., 

Irma H. Brown 

John B. Clark 

Elijah Coleman 

Fred K. Darragh, Jr. 

Catherine C. Harris 

Brownie W. Ledbetter 

Qumare A. Morehead 

Tae Y. Nam 

Earl W. Anthes 

Irene M. Palnick 

Odis H. Richmond 

Samuel S. Sparks 

Lyell F. Thompson 

Willard Whitaker 

Marcia M. Wood 

Robert A. Torres 



20 



California 



California, the Nation's most populous State, has 
a land area of 156,361 square miles and its popu- 
lation of 20,41 1,000 is one of the most diversified. 
Recent estimates include: 1,857,267 Mexican 
Americans; 1,398,498 blacks; 213,277 Japanese 
Americans; 170,000 Chinese Americans; 135,000 
Filipino Americans; 88,000 American Indians; 
80,000 Vietnamese; 65,864 Central and South 
Americans; 62,857 Portuguese; 50,000 Samoans; 
50,000 Puerto Ricans; 30,000 Guamanians; 16,561 
Koreans; 15,323 Caribbean Islanders; 14,454 
Hawaiians; and 13,410 East Indians. 

California's history has included much oppres- 
sion of minorities and poor whites. Around the 
turn of the century various Federal and State ex- 
clusionary laws were enacted which discouraged or 
completely excluded immigrants from entering the 
country and the State. During the 1930s migrants 
from Dust Bowl areas, in particular Oklahoma, 
were repeatedly denied entrance at the State's 
border by law enforcement officials. In the 1940s 
the "zoot suit" riots involving Mexican Americans 
and armed forces personnel in Los Angeles were 
an outward manifestation of the ethnic and racial 
tensions that simmered in the State. 

On February 19, 1942, reacting to the Japanese 
attack on Pearl Harbor, President Franklin D. 
Roosevelt signed Executive Order 9066, which 
established 10 relocation centers for the incarcera- 
tion of citizens of Japanese descent, the majority 
of whom were Californians. Many Japanese Amer- 
icans have termed these centers "concentration 
camps" and assert that the trauma of this ex- 
perience reinforced Japanese American isolation 
and silence about discrimination throughout the 
1950s and 1960s. The Executive order was 
rescinded by President Gerald Ford in February 
1976. 

High unemployment and poor socioeconomic 
conditions for blacks contributed to the Watts 
riots of 1965 in Los Angeles. Although reaction to 
the riots generated Federal funds and city pro- 
grams, conditions for many blacks living in south- 



central Los Angeles have not significantly im- 
proved. 

In March 1968 thousands of students staged 
walkouts in five predominantly Mexican American 
schools in East Los Angeles to protest their treat- 
ment and to press their demands for changes in 
curriculum. As students and other minority 
representatives questioned their exclusion from 
California's history and demonstrated their resent- 
ment of discriminatory practices, some changes 
resulted. 

Civil Rights Developments 
Education 

The California Advisory Committee has main- 
tained a long-standing concern for equality of edu- 
cational opportunity. Advisory Committee studies 
have highlighted inequities in the treatment of 
minority students in the State's schools in both 
urban and rural areas. In June 1967 the Advisory 
Committee conducted an informal hearing on em- 
ployment and educational problems in the Mex- 
ican American barrios of Los Angeles. 

The Advisory Committee heard many allegations 
that teachers lacked understanding of Mexican 
American students, that programs were irrelevant 
and counseling inadequate, that Mexican Amer- 
ican and other minority students were over- 
represented in special education classes, and that 
communication between parents and schools was 
poor or nonexistent. 

Subsequently, the California Advisory Commit- 
tee recommended that the U.S. Department of 
Health, Education, and Welfare through its Office 
of Education monitor federally-funded programs to 
ensure improved services to target populations and 
involvement of community representatives in deci- 
sions affecting the programs. The Advisory Com- 
mittee also recommended that the State depart- 
ment of education reevaluate testing and place- 
ment procedures for special education students. 

In 1970 the Western Regional Office of the U.S. 
Commission on Civil Rights in conjunction with 



21 



the California Advisory Committee investigated 
the placement of minority students in classes for 
the educable mentally retarded (EMR) in the San 
Diego Unified School District. This investigation 
found that Mexican American and black students 
were overrepresented in EMR classes in propor- 
tion to their percentages in the total school popu- 
lation. This finding resulted in a class action 
lawsuit, Covarrubias v. San Diego Unified School 
District, in which the court found that testing 
procedures contributed to disproportionate num- 
bers of minority students in EMR classes. 

In 1972 the Advisory Committee conducted two 
studies in rural areas— the Lucia Mar Unified 
School District in southwestern San Luis Obispo 
County and the Guadalupe Union School District 
in northwestern Santa Barbara County. Findings 
and recommendations were published in two re- 
ports: The Schools of Guadalupe... A Legacy of Edu- 
cational Oppression (1973) and Educational 
Neglect of Mexican American Students in Lucia 
Mar Unified School District ( 1973). 

The Advisory Committee found that although 
certain steps had been taken to integrate Mexican 
American students into educational programs of 
the Lucia Mar School District, they remained vic- 
tims of educational neglect. The Advisory Com- 
mittee recommended that the district intensify its 
effort to make the programs more relevant for the 
bilingual-bicultural student. 

In Guadalupe the Advisory Committee heard al- 
legations from the Mexican community that: the 
schools provided a poor quality of education, the 
district had failed to hire bilingual-bicultural 
professional staff, there was excessive corporal 
punishment of Mexican American students, the 
district did not involve Mexican American parents 
in the school, and district personnel harassed in- 
dividuals who complained about the school system. 

The Advisory Committee found that students in 
the district's classes for educable mentally retarded 
students were all Mexican American. The district's 
student population was 76 percent Mexican Amer- 
ican, yet only one Mexican American teacher was 
on its full-time teaching staff. 

As a direct result of the Advisory Committee's 
study, improvements have been made in the edu- 
cational offerings of these two districts. Unfortu- 
nately, there are many rural districts in California 
with potentially the same problems. 



In April 1975 the Advisory Committee also con- 
ducted an investigation of the Salinas Union High 
School District in which a major issue was the dis- 
trict's bilingual-bicultural educational program. 

In addition to these activities. Commission staff 
and California Advisory Committee members since 
1973 have investigated complaints of unequal edu- 
cational opportunities for language-minority stu- 
dents in Anaheim, Los Angeles, Madera, San 
Diego, San Francisco, Santa Ana, and Santa 
Maria. The Advisory Committee has continued to 
receive complaints concerning unequal opportuni- 
ties for language-minority students from other 
communities in the State. A number of these com- 
plaints allege inadequate monitoring by the State 
department of education and the Office for Civil 
Rights of the U.S. Department of Health, Educa- 
tion, and Welfare. In 1975 the Advisory Commit- 
tee studied the effectiveness of these two agencies 
in ensuring statewide compliance with State and 
Federal laws and. regulations. 

One finding of this study was that the State de- 
partment of education has failed to ensure that 
California's students who do not speak English or 
have limited proficiency receive an adequate edu- 
cation. A second finding was that State-funded 
programs for the educable mentally retarded are 
neither monitored nor evaluated by the State de- 
partment of education consistent with State laws 
and guidelines. 

The first report from this study. State Adminis- 
tration of Bilingual Education — 5/ o No? was 
released in June 1976. The report was utilized by 
Barrio Bilingual Communications to produce an 
audiovisual instructional unit entitled "Los An- 
geles, A Multi-Ethnic City." 

State Assemblyman Peter Chacon (D-San 
Diego) used the Advisory Committee's findings to 
draft legislation on bilingual-bicultural education. 
Members of the Advisory Committee testified be- 
fore the assembly's education subcommittee during 
its deliberations on the Chacon bill, and the 
Governor requested copies of the report prior to 
signing the Chacon legislation into law. 

The State department of education used the Ad- 
visory Committee's recommendations to change 
the administration of bilingual education programs. 
The California Teachers Association used the 
bilingual report in workshops during its annual 
conference to develop a position on bilingual edu- 



22 



cation and to assist its membership in implement- 
ing bilingual programs in local school districts. 

The second report from this study, Evaluation of 
Educahle Mentally Retarded Programs in California, 
was released in July 1977. Although the State has 
tried to improve its evaluations of local programs, 
problems remain. 

While the California Advisory Committee was 
moving on educational issues, so were the Califor- 
nia courts. A number of California cases have 
focused on school desegregation. In 1970 the Los 
Angeles Board of Education was ordered to 
desegregate its school district. The school board 
chose to appeal that part of the case which dealt 
with the mechanics of integration, and the State 
supreme court ordered a stay of integration. The 
legal process moved slowly; in 1977 the Commis- 
sion issued a report on school desegregation in Los 
Angeles, A Generation Deprived: Los Angeles 
School Desegregation. The schools are still 
segregated. 

In January 1970 Federal District Judge Manuel 
Real ordered the Pasadena schools to desegregate. 
Unlike the Los Angeles Board of Education, the 
Pasadena board voted not to appeal the district 
court decision and directed its staff to prepare a 
plan that would desegregate the schools. In 1973 
a majority of antibusing candidates were elected; 
they immediately voted to ask the Federal court to 
withdraw its integration order. Oral arguments 
were heard in 1974 and the order remained in ef- 
fect. Additional oral arguments were heard in July 
1977. 

The San Diego Unified School District is now 
under a court order to desegregate its schools. The 
court identified 23 schools with over 75 percent 
minority student population as segregated and 
urged the district to consider every available 
means for stabilizing those schools between 50 and 
75 percent minority. The court further suggested 
that a mandatory transfer plan is undesirable, 
although it did not eliminate limited mandatory as- 
signments. 

California cases have also had national implica- 
tions for such issues as school financing, bilingual 
education, special admissions, and programs for 
the educable mentally retarded. 

In January 1974 the United States Supreme 
Court issued its decision in Lau v. Nichols, which 
relates to the language-minority students in the 



San Francisco school district. The Court ruled that 
if a language deficiency excludes language-minori- 
ty children from effective participation in educa- 
tional programs, the district must take affirmative 
steps to open its programs to all students. The 
Court stated further that all districts not complying 
with Department of Health, Education, and Wel- 
fare guidelines for language-minority students will 
be in violation of Title VI of the Civil Rights Act 
and subject to loss of Federal funds. 

On December 30, 1976, the Supreme Court of 
California in Serrano v. Priest found California's 
school finance system unconstitutional. In 1971 
the court had ruled in the Serrano case that it 
would find the California school finance system 
unconstitutional if plaintiffs could prove their al- 
legations that wealthier school districts provided 
better educational opportunities than poorer dis- 
tricts. After the 1971 decision the case returned to 
a lower State court for trial. After a lengthy trial, 
the lower court found in 1974 that inequities did 
exist between wealthy and poor districts. Wealthy 
school districts appealed the trial court's ruling, 
resulting in the high court's affirmation of the 
lower court's finding of inequalities. 

The ruling was intended to allow for continuing 
efforts in California toward equal educational op- 
portunities. However, recent data suggest that Ser- 
rano could have adverse effects on poor school 
children. John Mockler, a consultant to the 
California State Assembly Ways and Means Com- 
mittee, analyzed some districts and estimated that 
51.6 percent of children from poverty families, in- 
cluding 70 percent of all black children and 5 1 
percent of all Mexican American children in 
California, live in school districts which receive 
local funds higher than the State average. Data on 
the Los Angeles School District, with 15 percent 
of the State's public school enrollment and many 
low-income pupils, have yet to be analyzed. The 
completion of this analysis will show whether the 
Serrano decision will have positive or adverse ef- 
fects on poor children seeking equal educational 
opportunity. 

Administration of Justice 

The Advisory Committee conducted informal 
hearings in Los Angeles in September 1962 and in 
San Francisco-Oakland in January 1963 to deter- 
mine whether blacks were victims of unequal 



23 



treatment by law enforcement agencies. These 
meetings resulted in a report published by the 
Commission in August 1963 which concluded that 
"police-minority group relations in the Bay Area 
appear to be much more healthy and open than in 
the city of Los Angeles." The report included 
several recommendations to Federal and local law 
enforcement agencies. Some recommendations 
were adopted while others — including one that 
local and State agencies create independent agen- 
cies to investigate citizen complaints of police 
practices — continue to be rejected by law enforce- 
ment officials. 

In January 1966 the Advisory Committee issued 
an analysis of the McCone Commission report of 
the Watts riot and found the report "a bitter dis- 
appointment." The Committee chairman, the late 
Dr. James A. Pike, commented: 

We find running through the McCone Com- 
mission Report a marked and surprising lack 
of understanding of the civil rights movement 
and a tendency to criticize those who ask for 
a redress of grievances rather than those who 
deprive citizens of their constitutional rights.... 

In May 1966 the Advisory Committee held a 2- 
day hearing in Oakland to study that city's civil 
rights problems. 

Although police-community relations was not a 
focus of the Advisory Committee's June 1967 
hearing in East Los Angeles on education and em- 
ployment, statements were made that police 
harassment caused young Mexican Americans to 
lose jobs or be expelled from school. 

In August 1968 the California Advisory Com- 
mittee conducted closed hearings in Los Angeles 
(coordinated with other State Advisory Committee 
meetings and Commission hearings throughout the 
Southwest) to gather information for the Commis- 
sion's report, Mexican Americans and the Adminis- 
tration of Justice in the Southwest (March 1970). 
This report painted a bleak picture of the relation- 
ship between Mexican Americans in the Southwest 
and the agencies which administer justice in those 
States. 

Increasing friction between law enforcement of- 
ficers and the Mexican American community led 
to a tragic confrontation between Los Angeles 
County sheriff's deputies and the Mexican Amer- 
ican community during the Chicano Moratorium 
March in August 1970. Protesting United States 



involvement in the Southeast Asian war, between 
15,000 and 20,000 persons, mostly Mexican 
Americans, participated in the march and rally. By 
mid-afternoon, county law enforcement officers 
declared the situation "critical" and moved to 
disperse the crowd. Later, community members 
charged that the officers had overreacted. A dozen 
fires burned out of control, 3 fatalities occurred, 
40 officers were injured, and 25 radio cars were 
damaged; about 500 policemen and sheriff's depu- 
ties were involved. The Advisory Committee docu- 
mented the events of the riots, but its recommen- 
dations to alleviate the problems have gone largely 
unheeded by law enforcement agencies. 

Complaints received by the Advisory Committee 
since 1970 indicate deep concern in several 
minority communities about the administration of 
justice. 

Voting Rights and Political 
Participation 

Despite their growing numbers, Mexican Amer- 
icans in California have been conspicuously absent 
from both elected and appointed government posi- 
tions. Before the State's second Mexican American 
assemblyman was elected in November 1970, 
there were only two Mexican Americans among 
160 elected representatives in the State senate. 
State assembly, and the U.S. Senate and House of 
Representatives. 

In January 1971 the Advisory Committee con- 
ducted an informal hearing on the subject of 
political participation of Mexican Americans. The 
Committee found that many methods, such as ger- 
rymandering, used to exclude Mexican Americans 
from political participation in California were 
similar to those used to exclude blacks from politi- 
cal participation in the South. In 1970, of 15,650 
elected and appointed officials at municipal, coun- 
ty, State, and Federal levels in California, only 310 
or 1.98 percent were Mexican American. The East 
Los Angeles community, with a Mexican Amer- 
ican population of 600,000 persons, was gerryman- 
dered into nine State assembly districts, seven 
State senate districts, and six U.S. congressional 
districts. The districts were divided in such a way 
that none had a voter registration more than 35 
percent Mexican American. The Committee found 
that districts elsewhere in the State practiced 
similar exclusion. 



24 



Following enactment of the 1975 Voting Rights 
Act, the Adv-sory Committee conducted a project 
to educate the secretary of State, county registrars 
of voters, and community agencies on the implica- 
tions of the act for language minorities. The Ad- 
visory Committee cosponsored conferences in 
northern and southern California on the bilingual 
component of the 1975 Voting Rights Act. The 
300 participants in the two conferences included 
county registrars, staff of the secretary of State, 
and community organizations interested in the 
bilingual component of the act. 

Asian and Pacific Americans 

In 1973 the California Advisory Committee held 
informal hearings in San Francisco and Los An- 
geles to collect information on the concerns of 
Asian and Pacific Americans. In San Francisco, 
five communities participated— Chinese, Japanese, 
Korean, Filipino, and Samoan. In Los Angeles, the 
Guamanian community was added to the original 
five groups. 

Two reports on the Advisory Committee's study 
were released in 1975 — Asian Americans and 
Pacific Peoples: A Case of Mistaken Identity, and A 
Dream Unfulfilled: Korean and Pilipino Health 
Professionals in California. 

The Advisory Committee found that the 
problems of various Asian and Pacific American 
communities differ, but these groups should not be 
viewed as model minorities who have been assimi- 
lated into American society and attained the 
American dream. Community spokespersons al- 
leged that they suffer from much of the economic 
and social exclusion experienced by other minority 
Americans in areas such as employment, housing, 
and education. 

Following a review of the Advisory Committee's 
first report. Secretary Mario Obledo of the Califor- 
nia Health and Welfare Agency created the posi- 
tion of Asian American liaison officer, which was 
filled in August 1975. 

On March 12, 1976, the United States Bureau 
of the Census convened an advisory committee of 
20 Asian Americans and Pacific Islanders in 
Washington, DC. In his letter of invitation, Vin- 
cent P. Barabba, Director, Bureau of the Census, 
wrote: 

One of our prime goals is to maximize the ac- 
curacy and usefulness of the statistics relating 



to minority populations such as Asian Amer- 
ican and Pacific Peoples. ...We believe that the 
attainment of the goal could be greatly 
assisted by developing a continuing channel of 
communication between the Census Bureau 
and the Asian American and Pacific Peoples 
population, which could help in the design of 
methods for improving the completeness of 
population coverage, expanding the dissemina- 
tion of census results, etc. 

After the release of the second report, State As- 
semblywoman Leona Egeland (D-San Jose) in- 
troduced a bill to permit foreign-educated medical 
doctors to participate in student-aid programs in 
the California university and college system. In 
November 1975, Western Regional Office staff 
and Advisory Committee members testified before 
the assembly subcommittee considering such 
legislation. The Egeland bill eventually became 
law. 

Acting on a recommendation in this report. De- 
partment of Consumer Affairs Director Tak Takei 
requested that his staff review licensing require- 
ments for foreign-educated medical doctors, phar- 
macists, and nurses. In August 1975 the depart- 
ment released its findings in a report entitled The 
Fair Employment Implications of Licensing and 
Certification Standards in the State of California. 

In the spring of 1975 Vietnamese and Cambodi- 
an refugees were processed for relocation in the 
United States. The Advisory Committee and Com- 
mission staff monitored this process through field 
trips to a major refugee center at Camp Pendleton. 
According to the U.S. Immigration and Naturaliza- 
tion Service, 20,000 Southeast Asian refugees have 
settled in California, although community 
spokespersons estimate that the figure is more 
than triple the official count. 

Unfinished Business 

Since the release of the Advisory Committee re- 
port. Political Participation of Mexican Americans 
in California (August 1971), five Mexican Amer- 
icans have been elected to the State assembly and 
two have been elected to the State senate. The ap- 
pointment of Mexican Americans to State boards, 
commissions, and committees has increased. 
Though greatly improved, political participation is 
still not equitable. Los Angeles, with a population 
of over one million Mexican Americans, has no 
Mexican American city councilperson or county 
supervisor. 



25 



The California Master Plan for Special Educa- 
tion was intended to alleviate inequities in special 
education. However, the Advisory Committee 
found that the master plan has no enforcement 
mechanisms. The Advisory Committee contended 
that without enforcement by State government, 
educable mentally retarded programs will continue 
to misplace and mislabel minority children. The 
report's recommendations are currently being con- 
sidered by public and private bodies. 

In Bakke v. Regents of the University of Califor- 
nia, the California Supreme Court ruled on Sep- 
tember 16, 1976, that special admissions programs 
for minorities were unconstitutional. Popularized 
as the Bakke Decision, the case will be decided by 
the United States Supreme Court and will have na- 
tional implications for equal access to higher edu- 
cation and affirmative action hiring programs. The 
case raises major questions concerning the use of 
racial goals and preferential treatment as tools for 
improving the opportunities for minorities. 



California Advisory Committee 
Members 

Herman Sillas, Jr., Chairperson 

Nadine I. Hata, 

Frankie Jacobs Gillette, 

Fred W. Gabourie 

Blanche M. Gomez 

Shirley A. Thomas 

Karen L. Hilborn 

Delbert Spurlock 

Helen D. McCullough 

Arthur R. Tirado 

Noelie M. Rodriguez 

Carnella J. Barnes 

Helen F. Bernstein 

Frank Orme 

William D. Rogers 

Michael Stern 

Jayne Ruiz 

Cora M. Tellez 

Mervyn M. Dymally 

Joe Jimenez 

Anita Miller 

Robert F. Smith 

Vernon T. Yoshioka 

Gordon Lau 

Marta Rodriguez 

Bruce Johnson 

Allen B. Haddon 

Patricia A. Fillippini 

Paula Williams 

Maury Green 

Jack B. Share 

Alexander R. Tobin 



26 



Colorado 



Based on the 1970 census, of a total State popu- 
lation of 2,207,259, Hispanics in Colorado com- 
prise 286,467 (13 percent). Blacks are 66,274, 
Asian Americans 10,388, and American Indians 
8,836. The total minority population is 371,965 
(26.8 percent). 

Civil Rights Developments 

Until recently Colorado's black population has 
been the most vocal minority on civil rights issues. 
But in the last few years, much more has been 
heard from Hispanics concerning discriminatory 
treatment of the Spanish-speaking segment of the 
population. Racial steering in housing, segregation 
in schools, inadequate facilities for migrant wor- 
kers, and the plight of undocumented workers are 
among many emerging issues being brought to 
public attention. Since Denver has a large popula- 
tion of American Indians, attention is being called 
to their economic and social difficulties. Other is- 
sues are the gross census undercount of Hispanics 
and their lack of representation at national govern- 
mental levels. 

Concentration of the poor and disadvantaged 
has been supported by the Federal Government in 
its funding of $22 million for urban public housing 
in Denver. Attention should be paid to the needs 
of disadvantaged families who wish to live in the 
suburbs. 

Education 

In the 1973 landmark case, Keyes v. School Dis- 
trict No. 7, Denver, Colorado, the decision of the 
United States Supreme Court resulted in a court 
order directing the the Denver school board to in- 
tegrate the whole system and to initiate bilingual- 
bicultural programs for its Hispanic school popula- 
tion. 

In February 1976, the U.S. Commission on Civil 
Rights held a hearing in Denver to analyze the 
results of the Supreme Court's decision. The Com- 
missioners found that after initial incidents of 
violence, school desegregation has proceeded 
peacefully in Denver and that progress has been 



made in providing equal educational opportunity 
for minority students. Still, the Commission found, 
much remained to be done to increase the num- 
bers of minority and female teachers and adminis- 
trators and to reduce the large number of minority 
students who either drop out of school or are 
suspended from classes. 

According to Denver newspapers, one negative 
result of the court-ordered school desegregation 
program has been increased "white flight" from 
the city to the suburbs, although higher quality of 
life, lack of traffic and pollution problems, and 
more reasonable housing are also responsible. The 
Denver Post in December 1974, for example, re- 
ported a loss of 7,200 students (most of them 
white) from city schools that year. In addition, 
news articles emphasized that more homes in 
Denver were put up for sale when school 
desegregation began in earnest in the fall of 1974. 
By 1977, young couples began moving back into 
Denver in increasing numbers, but school enroll- 
ment continues to decline due to the factors men- 
tioned above as well as to a declining birthrate. 

As a result of the court order, the Community 
Education Council (CEC) was created to serve as 
a liaison between the Denver school system and 
the community and to monitor the school district's 
desegregation plan. The staff of the Commission's 
Rocky Mountain Regional Office assists CEC 
volunteer members who meet monthly to analyze 
compliance with the court order. Unfortunately, 
the CEC has concluded each year that desegrega- 
tion in the city still faces many problems. 

The situation in Denver, however, is far from 
bleak. The voters elected a pro-desegregation 
school board in 1975 and increased that majority 
in the 1977 election. A new school superintendent 
has been appointed who appears to be more sym- 
pathetic to desegregation than was his predecessor. 

On the State level, the Colorado Legislature 
passed a mandatory bilingual-bicultural education 
bill in 1975. Although the law was altered 
somewhat this year, it remains one of the strongest 



27 



in the Nation. Segregation of Chicano children in 
some school districts in Colorado remains a seri- 
ous problem. 

Colorado Springs School District 1 1 is the only 
other district in the State with a school desegrega- 
tion plan that includes busing. Earlier this year, 
the Rocky Mountain Regional Office in conjunc- 
tion with the State Advisory Committee published 
a monograph on the successful efforts of Colorado 
Springs to desegregate its schools. 

Employment 

In 1975 the Colorado Advisory Committee con- 
ducted a 1-day informal hearing on access to the 
medical and legal professions in the State by 
minorities and women. Two reports were released 
in summer 1976 as a result of this project. Exten- 
sive followup activities are continuing with officials 
from the University of Colorado; the Office for 
Civil Rights of the Department of Health, Educa- 
tion, and Welfare (Region VIII); the Colorado 
Supreme Court; the American Bar Association; 
and others. 

Partially as a result of the Advisory Committee 
study, the University of Colorado is under in- 
creased pressure to improve its policies and pro- 
grams for recruiting and employing women and 
minorities on its faculty and staff. Advisory Com- 
mittee member Rachel Noel, who headed a univer- 
sity task force which was critical of law school hir- 
ing practices, has since been appointed a regent of 
the University. 

During the 1977 legislative session, the 
Colorado General Assembly passed a statute 
calling for $30 million to be spent on education of 
the handicapped. This action follows legislation by 
the General Assembly in 1975 to ensure that the 
physically handicapped have equal access to em- 
ployment opportunities, public institutions, and ac- 
commodations in the State. That same year. 
Governor Lamm issued an executive order calling 
for affirmative action to promote the employment 
of physically and mentally handicapped persons by 
State government and contractors. 

The Office of Federal Contract Compliance Pro- 
grams of the Department of Labor has approved a 
Colorado statewide affirmative action plan. The 
program proposes to place 500 minority workers 
and 50 women in apprentice trades in the State 
within the year. 



The Colorado Personnel Board has defied an at- 
tempt by the State legislature to limit the affirma- 
tive action plan the board adopted in 1976. The 
General Assembly enacted a statute which at- 
tempted to limit the life of the State personnel 
program to 1980 and to narrow its scope. The 
board voted to continue its adopted program 
claiming that its powers derive from the Colorado 
constitution and not from the State legislature. 

Equal Rights Amendment 

In 1975 the Colorado Legislature created an in- 
terim committee to study the State's attempt to 
repeal its ratification of the proposed Equal Rights 
Amendment and State ERA. After hearing several 
months of testimony from interested persons, in- 
cluding members of the Colorado Advisory Com- 
mittee, the interim committee voted to leave the 
decisions to the people. In 1976 opponents of the 
ERA succeeded in getting a proposal on the 
November ballot that would have repealed the 
State ERA, but Colorado voters rejected the mea- 
sure by a two-to-one margin. Supporters of ERA 
throughout the Nation considered the action by 
the Colorado voters as an indispensable asset in 
securing the last three States needed for ratifica- 
tion of the amendment. 

Domestic Violence 

In 1976 the Colorado Advisory Committee with 
the assistance of the Commission on Community 
Relations of the City and County of Denver in- 
itiated a project to investigate domestic violence in 
Denver. The report, which was released this 
summer, found that assaults against women in 
their homes is prevalent in Denver and that 
women have few recourses for physical protection 
and assistance. The report recommended the crea- 
tion of special teams by the city's social service 
department to work with the police department 
and city and district attorneys. 

In conjunction with the report, the Advisory 
Committee produced a film, "A Woman, a 
Spaniel, and a Walnut Tree," which examines the 
crime of battering women. The film is available for 
loan through the Commission's Public Information 
Office and has been shown at the International 
Women's Decade (IWD) meetings in Colorado 
and Washington State. 



28 



Colorado held its IWD meeting in Boulder on 
June 3-5, 1977. The conference's 3,000 delegates 
assessed the status of women in the State and 
ratified a plan of action. The Director of the 
Rocky Mountain Regional Office was one of the 
keynote speakers at the conference, which elected 
delegates to represent the State at the National 
Women's Conference in Houston, Texas, in 
November 1977. 

Administration of Justice 

In 1974 the Colorado Advisory Committee 
released a report on the correctional facilities in 
the State. The Committee found that discrimina- 
tion against minority and women inmates 
manifested itself in the absence of meaningful and 
practicable training, inadequate visiting hours, in- 
adequate psychiatric care, prolonged use of 
tranquilizing medication, and overcrowding. Rocky 
Mountain Regional Office staff met with officials 
of the Colorado Department of Institutions and the 
Federal Youth Center to review the findings and 
recommendations and to offer assistance in their 
implementation. 

Regional Office staff also testified before the 
Joint Committee on Criminal Justice of the 
Colorado Legislature to discuss the recommenda- 
tions of the report, particularly those relating to 
community-based corrections and inmate voca- 
tional education programs. In 1977 the Colorado 
General Assembly, at the urging of the Governor 
and others interested in prison reform, created a 
State department of corrections and appropriated 
funds to build and plan new correctional facilities. 

Unfinished Business 

The Colorado Advisory Committee will soon ex- 
amine the treatment children receive when they 
enter the criminal justice system in the State. 
Many juvenile offenders are placed in correctional 
institutions for crimes for which adults would not 
be jailed. Investigation of the civil, criminal, and 
parental-related rights and responsibilities and how 
they affect children will be the focus of the study. 

Migrant children in Colorado, the majority of 
whom are Hispanics, receive on the average only 
a fifth-grade education and suffer from blighted 
environmental, social, and economic conditions. 
The Rocky Mountain Regional Office staff is stu- 
dying the needs of migrant children and will con- 
clude its investigation during fiscal year 1978. 



Experienced school officials must support deseg- 
regation efforts by assisting school districts to imple- 
ment programs to remove ethnic and racial isolation. 
In addition, work needs to be done to develop cur- 
ricular techniques and materials, to organize inter- 
group and intercultural programs to reduce group 
tensions, and to collect and analyze data on educa- 
tion programs for persons of diverse ethnic and 
racial backgrounds. The effects of intercultural 
human relation programs also need to be evaluated. 

Discrimination in mortgage lending and in hous- 
ing opportunities remains a problem in Colorado. 
Federal, State, and local agencies have not displayed 
leadership to ensure nondiscriminatory practices. 

Real estate firms are alleged to continue to prac- 
tice racial steering. Discrimination against single 
women and male and female homosexuals continues 
through zoning laws that effectively prevent these 
groups from securing housing. These issues, along 
with the need for low-cost surburban housing to 
reduce racial isolation in Denver, are items to be 
investigated by those concerned about civil rights. 

Although Colorado has a statewide plan of action 
to meet the needs of minorities and women in the 
construction industry and affiliated trades, more 
work should be done to encourage women and 
minorities to move into nontraditional apprentice 
trades. The employment of minorities and women in 
State and local governmental agencies and on the 
faculties of State educational institutions continues 
to be a major concern of civil and human rights 
advocates. 



29 



Colorado Advisory Committee 
IVIembers 

Margaret P. Aro, Chairperson 

Peggy F. Acoya 

Gay E. Beattie 

Alan H. Bucholtz 

Joseph B. Blake 

Ernest S. House 

Donna L. Lucero 

Marie M. Mendoza 

Mary Jean Mosely 

Rachel B. Noel 

Russell Richardson 

Leslie B. Speed 

Max E. V. Torres 

Dale Vigil 

Minoru Yasui 



30 



Connecticut 



According to the 1970 census, Connecticut's 
population numbered 3,031,217 people of whom 
1,561,222 or 51.5 percent were women. Blacks, 
the largest minority group, were 181,177 or 6 per- 
cent of the population. There were 73,357 
Hispanics, 2.4 percent of the total; 6,810 Asian 
Americans, 0.2 percent; 2,222 American Indians; 
and 6,042 members of other minority groups. 

Indian leaders estimate that there are approxi- 
mately 5,000 Indians in the State. Almost one-half 
are members of Connecticut tribes — the Schag- 
ticokes, Paugussetts or Golden Hill Tribe, Pau- 
catuck Eastern Pequots, Mashantucket Western 
Pequots, and Mohegans, and the remainder are In- 
dians who have moved to Connecticut from Maine 
and eastern Canada. The first four tribes each 
have a reservation the largest of which is 400 
acres in Kent county belonging to the Schagticoke 
Indians, and the smallest is approximately one- 
third of an acre in Trumbull, near Bridgeport, 
which belongs to the Golden Hill Tribe. 

Minority groups are concentrated in the larger 
urban areas. In 1970 Hartford, the State capital, 
had a population of 158,017 persons; 44,091 (or 
27.9 percent) were black and ll,942(or 7.6 per- 
cent) were Hispanic. Bridgeport had the largest 
concentration of Hispanics; of 156,542 residents, 
14,103 (or 9 percent) were Hispanic, and 25,546 
(or 16 percent) were black. New Haven had a 
population of 137,707, of whom 36,158 (or 26 
percent) were black and 4,916 (or 3 percent) 
were Hispanic. 

In 1970 women were 39 percent of Connec- 
ticut's labor force, while blacks were 5.5 percent 
and Hispanics were 2 percent. In 1977 the unem- 
ployment rate in Connecticut was 7.8 percent. 
There were 127,300 unemployed persons of whom 
approximately 51.8 percent were women, 25.9 
percent were blacks, and 8 percent were 
Hispanics. 

A study by the Connecticut Permanent Commis- 
sion on the Status of Women has found that the 
wage gap between men and women is increasing 



rather than decreasing and that most women are in 
low-paying jobs. In 1954 women earned 65 per- 
cent of the salaries paid to men while 20 years 
later, in 1974, women earned only 57 percent of 
male salaries. In 1970, 35 percent of the women 
workers in the State were in lower salaried clerical 
positions compared to 7 percent of the men. A 
total of 3 percent of women workers were in 
higher paying management and administrative 
positions compared to 12 percent of the men. 

Civil Rights Developments 

Connecticut elected the first woman Governor 
who had not been voted in after her husband had 
held political office. The State is widely regarded 
as relatively progressive on civil rights issues. 

Enforcement 

The Connecticut Commission on Human Rights 
and Opportunities, the primary civil rights enforce- 
ment agency in the State, is charged with the 
responsibility of enforcing Connecticut's antidis- 
crimination laws in employment, public accom- 
modations, housing, credit transactions, and legal 
and constitutional rights. The agency consists of 
1 2 commissioners appointed by the Governor, a 
director appointed by the commissioners, and a 
staff selected by the director under the State merit 
system. 

In October 1976 the commission's jurisdiction 
was expanded to include the blind and physically 
disabled. In 1976 a bill was signed prohibiting 
credit discrimination based on race, color, national 
origin, and ancestry. In 1973 an act was passed 
which prohibited discrimination on the basis of sex 
and marital status in credit transactions and em- 
powered the commission to process and initiate 
complaints. 

The Permanent Commission on the Status of 
Women was established in 1973 to serve in an ad- 
visory capacity to the State government on issues 
related to women. It conducts research and works 
to promote educational activities throughout the 
State. It also serves as a public information 



31 



clearinghouse on women's organizations, employ- 
ment and counseling services, rape crisis centers, 
services for abused women, and other women's 
services. 

Among its major areas of concentration are dis- 
crimination in employment and education. 
Because of the increasing wage gap between men 
and women, the commission is presently introduc- 
ing or supporting legislation to improve the 
economic status of women. These measures in the 
1977 session of the legislature include: 
( I )coverage for domestic workers under State 
minimum wage laws; (2) a bill which would allow 
prosecution for sexual assaults between married 
persons or those holding themselves to be married; 
(3) a bill to increase the fair minimum wage in 
Connecticut to $3 an hour; and (4) the creation 
of an upward mobility program for State em- 
ployees concentrated in low-paying positions, espe- 
cially those filled by women. 

Although the State department of environmental 
affairs has jurisdiction over tribal lands, the Con- 
necticut Indian Affairs Council advises the depart- 
ment on its responsibilities. The council was 
established in 1973 to protect "the special rights 
and privileges" of Indians in the State, survey and 
establish tribal boundaries, further the "general 
health, safety, and well-being of Indians," and 
promote "better understanding and awareness of 
the Indian community within the general popula- 
tion of the State." Indian leaders have criticized 
the State for underfunding the council and leaving 
its budget to the discretion of the department of 
environmental affairs rather than making it a line 
budget item. The Paugussett Tribe has alleged 
harassment and intimidation by Trumbull re- 
sidents. The State department of environmental 
protection, the Community Relations Service of 
the U.S. Department of Justice, and the U.S. Com- 
mission on Civil Rights have shown an interest in 
this issue. 

The Connecticut Legislature has passed signifi- 
cant legislation in the last 5 years affecting civil 
rights. In 1975 the legislature prohibited dis- 
crimination in employment on the basis of marital 
status. In 1974 a bill was passed which added a 
prohibition based on sex to nondiscrimination 
clauses in State contracts. This legislation also or- 
dered contractors to provide the commission with 
information regarding its employment and hiring 



procedures. In 1974 Connecticut also passed a 
State constitutional amendment recognizing the 
legal equality of women. The Federal ERA also 
was ratified in 1974. 

A law was passed in the 1977 legislative session 
making bilingual education mandatory for school 
districts in which there is a school with 20 or more 
students whose dominant language is not English. 
Regulations are being written to help districts im- 
plement this law. Previously, bilingual programs 
were optional. There are now 12 districts with 
bilingual programs, including one school in Hart- 
ford which is totally bilingual. The districts must 
begin with inservice training for teachers in lan- 
guages and subsequently give preference to hiring 
teachers with bilingual skills. The mandate 
becomes effective in September 1978. 

One of the major concerns of Hispanics is the 
need for more bilingual persons in social services 
agencies. Similarly, there are complaints that there 
are not enough bilingual police officers, especially 
at night. The department of social services has 
been ordered by the Federal court to hire bilingual 
welfare workers. 

The State of Connecticut's Affirmative Action 
Program became law in 1975. Prior to this legisla- 
tion, a general affirmative action plan encom- 
passing all State agencies was used. Under the new 
program each State agency is required to develop 
its own plan and develop its own goals and timeta- 
bles based on the availability of minorities and 
women in the labor force. The plans are based on 
1970 census statistics. The Commission on Human 
Rights and Opportunities is responsible for approv- 
ing and monitoring the plans. The affirmative ac- 
tion office in the State personnel department has 
issued guidelines for State agencies in writing their 
plans. 

Employment 

The Center for Advocacy, Research, and 
Planning (CARP), a nonprofit legal organization, 
filed a complaint with EEOC on behalf of black 
police officers in New Haven, alleging discrimina- 
tion in hiring and promotions, and a ruling of 
probable cause was made in March 1976. The 
U.S. Department of Justice is currently determin- 
ing whether or not it will bring suit. The New 
Haven Fire Department is under court order to 
hire more minorities. Minority police officers won 



32 



a suit against the police department in the city of 
Bridgeport in 1974. 

In 1975 the Connecticut Advisory Committee 
held an informal hearing in New Haven to review 
the process of hiring city employees and the city's 
affirmative action plan. Shortly after this hearing, 
the mayor appointed an affirmative action commit- 
tee to implement a new plan, subsequently lauded 
by community representatives as a substantial im- 
provement over the previous one. 

With regard to private employment, the State 
Commission on Human Rights and Opportunities 
has an outstanding complaint against the Southern 
New England Telephone Company, which claims it 
is under the AT&T consent decree. This has been 
pending for several years. The commission also 
filed a class action suit, not yet resolved, against 
more than 30 construction contractors and unions 
in the State. The State Commission on Human 
Rights and Opportunities requires all contractors 
with State government for jobs over $50,000 to 
submit an affirmative action plan to the State com- 
mission and to the U.S. Department of Labor. 

There are no hometown plans for the construc- 
tion industry in Connecticut. Contractors with the 
city of New Haven have been subject to other 
Federal requirements known as bid conditions 
since 1971. For nonexempt Federal and federally- 
assisted construction contracts, part II bid condi- 
tions have recently been extended indefinitely. For 
trades whose goals are not specified, contracts 
must establish minority utilization goals between 
20 and 25 percent of their total work force. The 
city of New Haven also has an affirmative action 
ordinance to promote affirmative action in the 
construction trades. 

Education 

In 1976 the Advisory Committee held an infor- 
mal hearing to review school desegregation in 
Stamford. Although there had been no major 
problems in desegregating the public schools, there 
were very few minority teachers in the Stamford 
public school system. After this finding was made 
public, the Stamford Board of Education adopted 
an affirmative action plan which substantially in- 
creased the number of minority teachers. 

Another development that will have great im- 
pact on education in Connecticut is the recent 
Connecticut Supreme Court decision which 



prohibits the use of property taxes for funding 
education. Connecticut must now raise money for 
education by some means other than the property 
tax. To date, no cities have yet come up with new 
education funding programs. 

Housing 

In April 1975 CARP, the NAACP, and Educa- 
tion Instruction filed suit against William T. 
Beazley Realty Co. for racial steering in New 
Haven. The plaintiffs also filed charges with the 
State commission on human rights and opportuni- 
ties. Beazley Realty Company signed a conciliation 
agreement with the State commission and agreed 
to keep a separate file on each agent with 
complete information on all transactions. The 
company also agreed to maintain its records for 5 
years. Soon afterward, Beazley hired its first black 
realtor. 

The city of Hartford in 1975 initiated a suit 
against the U.S. Department of Housing and 
Urban Development, which challenged the grant- 
ing of $4.4 million to seven Hartford suburbs 
because the towns' housing assistance plans did 
not conform with requirements of the Housing and 
Community Development Act. (The act requires a 
town to estimate low-income housing needs, in- 
cluding the number of minority and female-headed 
households who may wish to reside in the commu- 
nity). The director of the State commission was 
called as an expert witness to provide statistical 
evidence about employment and housing in the 
seven towns. Subsequently, the Federal court is- 
sued a ruling blocking the funds. As a direct result 
of this suit, the suburban towns have begun to in- 
vestigate the need for a regional solution to hous- 
ing problems. 

Revenue Sharing 

In 1974 the Connecticut Advisory Committee 
held a 1-day citizens conference on revenue shar- 
ing in New Haven. The purpose of the conference 
was to educate the general public concerning 
revenue sharing rules and regulations so that 
citizens' groups could monitor and influence the 
expenditures of their towns and the State. In 1974 
four towns in Connecticut were cited by the 
Federal Office of Revenue Sharing for noncom- 
pliance with civil rights requirements in housing, 
minority employment, and delivery of services. 



33 



The State commission on human rights and oppor- 
tunities investigated deferred complaints against 
municipalities from the Office of Revenue Sharing 
and recommended that 1 7 additional towns be 
found in noncompliance. 

Credit 

In the past 5 years progress has been made in 
the area of discrimination in credit transactions. In 
1973 sex discrimination was prohibited. In 1974 
the Commission on Human Rights and Opportuni- 
ties was empowered to subpena records and other 
documents from financial institutions as part of its 
investigation process. In 1975 discrimination on 
the basis of age — over 18 — was prohibited, and in 
1976 race, creed, color, national origin, ancestry, 
and physical disability were added to the legisla- 
tion. A separate law passed in 1976 permits com- 
plaints to be filed with the court of common pleas 
rather than the human rights commission. In this 
instance, the creditor would be liable for punitive 
as well as actual damages. 

Battered Women 

An emerging issue in the State is that of bat- 
tered women. The Connecticut Task Force on Bat- 
tered Women, a coalition of women's organiza- 
tions and individuals concerned about this issue, 
was organized in 1976. The task force set up a 
"hot line" for battered women and distributed 
questionnaires to hospitals, police, and any other 
social or legal agencies battered women might 
contact. The coalition subsequently issued a report 
in the spring of 1976 that highlighted many of the 
problems of battered women. As a result of the 
lobbying efforts of the task force and other 
women's groups, the State enacted two bills per- 
taining to battered women during the 1976-77 
legislative year. One bill makes it possible for a 
battered wife to obtain a temporary restraining 
order for protection from her husband without in- 
itiating a divorce proceeding. Another bill al- 
locates $75,000 to the State department of social 
services for a pilot program for shelters for bat- 
tered women. 

The Connecticut Advisory Committee is cur- 
rently planning an open hearing in September con- 
cerning social and legal services available to bat- 
tered women. The Committee is inviting police of- 
ficers, judges, prosecutors, community relations of- 



ficers, battered women, emergency room person- 
nel, and others to participate in its 2-day hearing. 

Unfinished Business 

Though important beginnings have been made, 
there is much to be done. The upgrading of 
minorities and women in public employment and 
local government— especially in police and fire de- 
partments — is urgent. In private employment, the 
need to translate affirmative action plans to an ac- 
tual increase in the numbers of minorities and 
women on the job — particularly in higher level and 
nontraditional positions — is a priority. 

The concentration of minorities in the major 
urban areas of the State underscores the need to 
open suburban housing to all. Effective action by 
Federal, State, and local governments, as well as 
private groups is needed in this most difficult area. 
It is necessary to continue monitoring transactions 
of major financial institutions to assure nondis- 
crimination in the granting of home mortgages and 
other forms of credit. 

There is an increasing need for bilingual social 
services, particularly in education and welfare, The 
achievement of quality desegregated public educa- 
tion, particularly in the State's larger cities, is a 
goal which requires more attention by public offi- 
cials and parents. 

There is a wide range of issues of concern to 
women, including correction of the wage dif- 
ferential for men and women and the movement of 
women out of the traditional low-paying occupa- 
tions; rape prevention and crisis programs; reform 
of police and court procedures with respect to bat- 
tered women, as well as the provision of shelters; 
increased representation in vocational and techni- 
cal schools; and the availability of free or low-cost 
services for those women who choose abortions. 

The land claims of Connecticut Indians should 
be swiftly and justly settled. In 1975 the Schag- 
ticokes filed claim for 1,200 acres in Kent, Con- 
necticut( adjacent to the present Schagticoke reser- 
vation). The Mashantucket Western Pequots filed 
in 1976 for 800 acres adjacent to their reservation 
in the town of Ledyard. Both of these cases are 
still pending. Meeting the social and economic 
needs of the State's American Indians deserves a 
high priority from Federal and State agencies. 



34 

Connecticut Advisory Committee 
Members 

John Rose, Jr., Chairperson 
Gloria J. Busch 
Shirle M. Childs 
Antonio Dimas Diaz 
Sidney Gardner 
Hector I. Nieves 
Flemming Norcott, Jr. 
Doris Roldan 
David J. Shershen 



Delaware 



35 



Delaware, according to 1970 census data, has a 
total population of 548,104 persons of whom ap- 
proximately 78,-276 or 15 percent are black. 
Hispanics represent a little more than 1 percent 
(8,477) of the State's population— 2,486 Puerto 
Ricans, 777 Cubans, 616 Mexican Americans, and 
4,598 other minorities of Spanish origin. 

Almost all Hispanics in the State in 1970 lived 
in the Wilmington metropolitan area. The 1970 
census, however, did not provide an accurate 
count of either blacks or Hispanics, and there are 
now efforts to correct the undercount of these 
minorities in the 1980 census. 

New Castle County, in which Wilmington is 
located, is approximately 91 percent urban. In 
fact, 499,493 of Delaware's total population of 
548,104 live within the Wilmington metropolitan 
area. The two other Delaware counties, Sussex and 
Kent, are primarily rural. 

Civil Rights Developments 
School Desegregation 

The Delaware Advisory Committee has been 
monitoring a number of civil rights issues in the 
State over the last several years. Most recently it 
has been concerned with the development of a 
plan for desegregating schools in Wilmington and 
10 suburban school districts in New Castle Coun- 
ty, which are under Federal court order to 
desegregate. 

In 1968 the Delaware General Assembly passed 
the Educational Advancement Act which con- 
solidated school districts but barred the merger of 
the Wilmington school district with its adjoining 
suburban districts. Five black Wilmington parents 
sued the State board of education in 1971 charg- 
ing that the act created and perpetuated racially 
separate school systems in New Castle County. 

A three-judge court ruled in July 1974 that the 
desegregation of Wilmington's schools had never 
been completed and held the State board responsi- 
ble. The judges called for more hearings in August 
1974 and invited suburban school districts to join 



the case. On March 27, 1975, the judges ruled 
again and declared parts of the Educational Ad- 
vancement Act unconstitutional. They also found 
the State had encouraged school segregation by 
endorsing or supporting discrimination in both 
public and private housing. 

On January 19, 1976, the U.S. Supreme Court 
denied, without comment, the State's petition for 
rehearing, thus upholding the lower court's deci- 
sion. On May 19, 1976, a Federal court ordered 
1 1 of the 1 3 school districts in New Castle County 
to desegregate. Under the court order, the 1 1 dis- 
tricts have been given until September 1977 to 
begin desegregating secondary schools and until 
the following September to plan for desegregation 
of the elementary schools. 

As of July 1977 there was no court-approved 
desegregation plan for the 1 1 school districts and 
it is unlikely that a grant of stay will be issued by 
the Supreme Court. 

The communities involved in the court order 
have been fragmented in their efforts to develop a 
desegregation plan. There is controversy over dis- 
trict boundaries, fiscal matters, and faculty and 
student assignments. But perhaps none of the is- 
sues has been as divisive as the uncertainty felt 
throughout the State about what the U.S. Supreme 
Court and Congress will eventually decide with re- 
gard to busing. 

The U.S. Commission on Civil Rights said in a 
recent report on metropolitan school desegrega- 
tion, "While many minority students in rural com- 
munities, towns, and smaller cities have been en- 
rolled in desegregated schools during the past 
decade, the great majority of black and Hispanic 
American children who live in large cities remain 
in racially isolated public schools." This observa- 
tion is confirmed in Delaware. Students in 
Wilmington and the surrounding suburban districts 
in New Castle County are racially isolated; stu- 
dents in Kent and Sussex Counties attend schools 
that have much less racial imbalance. 



36 



School attendance patterns over the past 20 
years in Wilmington and the surrounding suburban 
areas in New Castle County have shown increased 
racial isolation. Of the 21,543 children attending 
suburban New Castle County schools in 1954, only 
845 or approximately 4 percent were black. 
Wilmington's school enrollment was 12,875, of 
whom 3,572 or approximately 28 percent were 
black. By 1964 suburban New Castle County 
schools enrolled 52,723 students, of whom 3,325 
or about 6 percent were black. Wilmington enroll- 
ment was 15,527, of whom 8,868 students or 57 
percent were black. By 1973 suburban enrollment 
was 73,008, including 4,359 or 6 percent black 
children. In that same year, Wilmington enroll- 
ment was 14,688, which included 12,141 or ap- 
proximately 83 percent black students. Except for 
Appoquinimink and DeLaWarr school districts, 
the school districts in New Castle County which 
surround Wilmington have white student enroll- 
ments that range between 93 and 98 percent. In 
sum, during the period of rapid expansion of sub- 
urban school enrollment between 1954 and 1973, 
the proportion of black students attending subur- 
ban New Castle County schools remained relative- 
ly small. Total black enrollment in Wilmington, on 
the other hand, showed a threefold percentage in- 
crease. 

While Delaware does not have as large an 
Hispanic population as some of the neighboring 
States, pupil enrollment figures for 1975 show that 
the majority of Hispanic students are attending 
schools in Wilmington where the white enrollment 
is less than 10 percent of the total enrollment. 

Housing 

Racial isolation which exists both within and 
between school districts in New Castle County is 
paralleled in the racial isolation found in housing 
patterns. In 1950 the suburban population in New 
Castle County was 62,000 of whom 6.4 percent 
were black. By 1970 the suburban population was 
306,000 with a 4.5 percent black population. Dur- 
ing the same 20-year period, the population of 
Wilmington declined from 110,000 to 80,000, but 
the percentage of black residents increased from 
15.6 to 43.6 percent. Despite a fivefold increase in 
the suburban population between 1950 and 1970, 
the percentage of black residents living in the sub- 
urbs actually declined. Wilmington's population. 



by contrast, decreased in absolute terms, but its 
proportion of black residents tripled. 

In 1952 the Delaware Supreme Court decided 
Gebhart v. Belton, a case that was later con- 
solidated into Brown v. Board of Education (1954). 
H. Albert Young, attorney general of Delaware 
from 1952 to 1954, commented on the Brown 
decision at a symposium on curriculum, instruc- 
tion, and learning held at the University of 
Delaware, Newark, in 1976: 

More than 20 years have elapsed and we 
wonder what progress has been made over 
that long span to comply with the law of the 
land in an effort to bring into balance racial 
equality in secondary school education. It is 
reported that Wilmington became a black city 
and is getting blacker. Urban redevelopment 
dislocated whole neighborhoods of black 
citizens. Blockbusting by some real estate 
agents resettled them and segregated them in 
white neighborhoods. An interstate highway 
was built bisecting the city and cleared out 
hundreds of homes while it pushed out many 
whites to the suburbs. Hundreds of homes are 
boarded, decrepit, and empty. HUD made it 
possible for blacks to purchase homes with a 
minimal payment, and unable to maintain 
monthly costs of upkeep and repair, neglect, 
fire, and disuse followed. 

The Delaware General Assembly passed an 
equal housing opportunity act in 1969. But dis- 
crimination in housing remains a significant 
problem in Delaware, and the problem is com- 
pounded by the fact that minorities and women, 
who are the victims of discrimination in housing, 
are also the victims of high unemployment and 
employment discrimination. 

Employment and Income 

The median State income for families in 1970 
was $10,211. However, median income for urban 
and rural, nonfarm and farm, families in Delaware 
differs substantially not only with regard to place 
of residence but also for race and sex. Minority 
groups and women consistently have lower median 
incomes than whites as a group, whether they live 
in an urban or rural location. 

The Delaware Fair Employment Practices Act, 
which was the first civil rights legislation passed by 
Delaware, has been law since 1960. Commonly 
known as Title 19, it prohibits discrimination in 
State and local government and in the private sec- 



37 



tor on the basis of race, color, religion, age, sex, 
or national origin. Enforcement of Title 19, in the 
private sector and municipal and county govern- 
ment, is the responsibility of the antidiscrimination 
section of the Delaware Department of Labor's 
division of industrial affairs. Employment dis- 
crimination in the State government is within the 
province of the Delaware State Human Relations 
Commission, whiqh was established in 1961. Also 
in effect is an executive order, first issued by 
Governor Russell W. Petersen in 1969, which bans 
discrimination in State agency employment, ser- 
vices, and facilities on the basis of race, religion, 
color, sex, age, or national origin. Generally, the 
same kinds of problems have plagued these 
governmental agencies in dealing with employment 
discrimination as have hampered Federal agencies 
like the Equal Employment Opportunity Commis- 
sion. 

Women's Rights 

Delaware ratified the Equal Rights Amendment 
on March 22, 1972, voting 16-0 in the house and 
37-0 in the senate. Since that time the Delaware 
code has been changed in those instances where it 
treated men and women differently. The Delaware 
Supreme Court has also stated its intent to con- 
sider suspect any legislation which appears to 
make a distinction between men and women and 
to permit such legislation only when there is a 
compelling State interest. 

In 1974 Delaware had 2 women holding public 
office in State executive offices, 8 in the State 
House, 1 in county office, 3 as mayors, 19 as 
members of city councils, none as a State judge, 
and 95 on State boards and commissions. 

The National Organization for Women has been 
very active in the State, and Delaware women 
have been seeking employment in nontraditional 
jobs. In areas such as higher education, law en- 
forcement, and credit, Delaware women have not 
hesitated to file claims or to bring suit when they 
believe they have been subject to discrimination 
based on sex. 

Unfinished Business 

Civil rights groups in Delaware continue to 
charge that civil rights laws are not being en- 
forced. When there is a threat to cut off Federal 
funds to Delaware because of noncompliance with 



civil rights laws, strenuous political efforts are 
made to prevent such a cutoff. 

Recently enacted Federal legislation has the 
potential for strengthening civil rights efforts 
within Delaware and all other States. The State 
and Local Fiscal Assistance Act of 1972 (the 
general revenue sharing program), which has al- 
ready dispensed $31 billion nationally, was ex- 
tended in 1976 for slightly more than 3 years and 
will make available an additional $26.6 billion. 

A significant potential for civil rights enforce- 
ment in the 1976 amendments is the requirement 
that the Office of Revenue Sharing cut off funds 
to any recipient government that discriminates 
with any Federal money it receives, whether or not 
it is revenue sharing money. 

Discrimination on the basis of race, color, sex, 
and national origin was prohibited under the 1972 
revenue sharing act. The 1976 amendments added 
age, religion, and handicapped status. Also in- 
cluded were new requirements for public par- 
ticipation in deciding how the revenue sharing 
money will be used. 

The State of Delaware has many problems 
requiring Federal assistance. In February 1977 
Governor Pierre S. du Pont announced the forma- 
tion of the Mid-Atlantic Regional Economic Com- 
mission, which is to be funded by the Federal 
Government in its first 2 years of operation. 
Delaware, New York, New Jersey, Maryland, and 
Pennsylvania make up the economic development 
region seeking Federal funds to solve common 
problems. 

Figures compiled by the Treasury Department 
for the fiscal year ending September 30, 1976, 
show that Delaware received $160.6 million in 
Federal funds, about $293.00 per person— $2.52 
above the national per capita average. 

In almost every area of Federal funding, 
Delaware received more than its neighboring 
States. In the last fiscal year, Delaware received 
$13.70 per person in aid to elementary and secon- 
dary schools, and $9.11 per person in child nutri- 
tion programs. In general revenue sharing, which is 
the program providing the largest single source of 
Federal aid, Delaware last year received $34.69 
per person, for a total of $19.1 million. Only 15 
states received more per capita funds than 
Delaware. 



38 

Civil rights and women's rights groups, together 
with the Delaware Advisory Committee to the U.S. 
Commission on Civil Rights, will be monitoring the 
use of Federal funds the State receives not only to 
assure that all groups receive their fair share but 
also to strengthen the enforcement of civil rights 
law. 

Delaware Advisory Committee 
Members 

Howard H. Brown, Chairperson 

Patricia Arms 

Fred L. Banks 

Ella G. Butler 

Barbara Crowell 

L. Coleman Dorsey 

Katherine W. Fowler 

Danny R. Gonzalez 

Ruth M. Laws 

Eugene J. Lipstein 

Mary E. Lubitsh 

Lloyd Major 

Stacey J. Mobley 

Emily Morris 

Anna Naff 

Joseph A. Rosenthal 

William Todd 

F. David Weber 

Stuart B. Young 



District of Columbia 



39 



According to the 1970 census, the total popula- 
tion of the District was 756,510 persons. Of this 
total, whites numbered 210,878 or 27 percent; 
blacks, 537,570 or 70 percent; Hispanics, 15,671, 
or 2 percent. 

The median family income for the District was 
$9,583. Whites had a median family income of 
$14,940 while blacks and others had a median 
family income of $8,497. 

Civil Rights Developments 
Housing 

Housing opportunity is the most critical civil 
rights issue for black and Hispanic residents of the 
District of Columbia and is directly related to the 
economic, educational, and political disadvantages 
these groups experience. Minus the land reserved 
for the Federal enclave, national parks, and other 
non-District-controlled areas, the District's popula- 
tion occupied approximately 25 percent of the 
available land within its boundaries. In 1975, the 
population density in the District was 11,737.3 
persons per square mile. 

In 1972 the overall rate for residential vacancies 
in the District was 2.7 percent. The D.C. Depart- 
ment of Housing and Community Development re- 
ported in 1975 that some 77,000 lower-income 
Washington households live in substandard, over- 
crowded, or overpriced housing. 

Racial tensions are increasing in neighborhoods 
formerly noted for their economic and ethnic 
diversity as poor blacks are displaced by affluent 
whites who buy and renovate older houses. Hous- 
ing opportunities in the District, consequently, are 
becoming even more limited for low-income re- 
sidents, most of whom are black and Hispanic. Ex- 
clusionary zoning and land use policies in subur- 
ban areas often leave displaced city dwellers no 
choice but to leave the metropolitan area. 

The June 1976 report of the Washington Urban 
League, SOS '76— Speak Out for Survival! Priori- 
ties and Problems of Low Income Area Residents of 
Washington, D.C, concluded: 



Three-quarters of the residents of low income 
neighborhoods of the District of Columbia are 
looking unsuccessfully for decent housing they 
can afford or that will accept their children... 

The increasing cost of available housing, cou- 
pled with the impact of inflation on their 
limited household budgets, is forcing residents 
of low income neighborhoods deeper into 
poverty and indeed, poorer housing. 

As for home owners, property tax increases 
and rising public utility costs are jeopardizing 
home ownership opportunities for low and 
moderate income families. 

The District of Columbia Advisory Committee 
conducted a public forum on civil rights issues in 
September 1976, seeking community participation 
in program planning. Of the many civil rights con- 
cerns expressed by the 30 organizational represen- 
tatives who participated, housing and related issues 
were the most prominent. 

On April 15, 1977, the Advisory Committee 
conducted an informal hearing on the impact of 
revitalization on selected D.C. neighborhoods and 
learned that government policies on rent controls, 
code enforcement, historic preservation, subway 
construction, and acquisitions have led to inflation 
of property values and real estate speculation in 
inner-city areas. The private housing industry per- 
ceives its market as young marrieds or affluent sin- 
gles. Sale prices for single-family houses in revital- 
ized areas range from $85,000 to $150,000. 

Housing subsidies are given to areas other than 
those in which housing values are increasing. The 
integrity of the District's Hispanic neighborhood is 
threatened. 

The Federal Presence 

The District has been called "The Last Colony" 
in recognition of its lack of full self-government. 
Historically, the act of disenfranchisement was in 
direct response to the overspending and corruption 
of the Shepherd administration of the 1870s. But 
at the time it was also recognized as a move to 
thwart black suffrage. 



40 



Voting rights and self-government were taken 
from the District over the strong objections of 
several members of the Joint Select Committee to 
Frame a Government for the District of Columbia. 
The minority report stated: 

It is the conclusion of the minority that the 
people of the District of Columbia have a 
clear, incontrovertible right to a local govern- 
ment derived from their own suffrages; that 
no inhibition against the exercise of such a 
right is contained in the Constitution...; but on 
the contrary, that Congress is itself inhibited 
by its constitutional restrictions and public 
obligations from denying or abridging that 
right... 

The minority, therefore, respectfully recom- 
mend that a simple municipal government, in 
the usual form common to American commu- 
nities, be adopted for the District of Colum- 
bia. 

Certain limited powers, such as the general po- 
lice power and the authority to increase property 
tax rates, were granted by the Congress. But, as 
the Supreme Court stated in Metropolitan R.R. v. 
District of Columbia, "...legislative powers have 
now ceased, and the municipal government is con- 
fined to mere administration." 

In 1878 a presidentially appointed, three-com- 
missioner form of government was established, and 
it continued with few changes until 1967 when 
President Johnson established an appointed mayor- 
commissioner-council form of government. 

Some civil rights advocates have charged that 
Congress ignored the persistent calls for local self- 
determination because of the District's black 
majority. On December 24, 1973, Congress finally 
enacted the District of Columbia Self-Govemment 
and Governmental Reorganization Act, commonly 
called "home rule." The act was viewed as a victo- 
ry for civil rights groups, though it fell short of the 
goals demanded by those who urged statehood. 
The District's budget must still be approved by the 
Executive Office of the President, and House and 
Senate committees still have the last word on the 
District's finances and legislation. 

In 1974 the District elected its first local govern- 
ment in a century. Two whites and 1 1 blacks made 
up the first 13-member government, three of 
whom were women. 

The Federal Government makes payments to the 
District as compensation for lost real property and 



business taxes, as well as for increased municipal 
costs stemming from the large Federal presence. 
When this practice began in 1878, the Federal 
Government agreed to pay 50 percent of the Dis- 
trict's expenses. In 1924 Congress began to pay in- 
stead an annual lump sum, which no longer ap- 
proximates 50 percent. The Commission on Or- 
ganization of the Government of the District of 
Columbia (the Nelson Commission) reported in 
1972 that the portion of the District's real proper- 
ty owned by the Federal Government and there- 
fore off the tax rolls had risen to 41.3 percent. 

In 1971 the D.C. Advisory Committee issued 
The Movement of Federal Facilities to the Suburbs. 
This report followed by a year the Commission's 
study. Federal Installations and Equal Housing Op- 
portunity. The Commission had recommended and 
the President had signed an Executive order con- 
cerning the planning, acquisition, and management 
of Federal space as a positive step in changing dis- 
criminatory practices of past decades. However, 
the Advisory Committee believed the Executive 
order should also deal with the availability of non- 
segregated housing. It recommended a moratorium 
on the movement of all Federal installations and 
facilities from the District of Columbia and urged 
the General Services Administration to enforce its 
own policy of locating sites in areas with housing 
for low- and moderate-income employees. 

Minority Business 

According to Roy Littlejohn, Advisory Commit- 
tee chairperson: 

Private entrepreneurship historically has been 
one of the paths to full participation in our 
free enterprise system. But blacks and 
Spanish-surnamed persons, who constitute a 
majority of the population of the District of 
Columbia, own fewer than 10 percent of the 
city's businesses. 

In 1974 the D.C. Advisory Committee issued 
Obstacles to Financing Minority Enterprises, which 
reported that many banks maintained minority 
business portfolios and assigned maximum dollar 
amounts to those portfolios. In addition, the 
Federal agencies with the responsibility to prohibit 
discrimination in commercial lending failed to do 
so. The Committee called for better recordkeeping 
by the financial industry of the race and sex of 
commercial loan applicants and of the reasons for 



41 



rejecting applications, as well as other data which 
would help identify discriminatory loan practices. 
The regulatory agencies have adopted many of the 
Advisory Committee's recommendations and the 
nondiscrimination regulations for financial institu- 
tions are among some of the strongest of any in- 
dustry. 

Civil Rights Enforcement 

The D.C. Office of Human Rights has one of the 
most inclusive mandates of any agency of its type. 
Its jurisdiction covers discrimination in employ- 
ment, housing, public accommodations, and edu- 
cational institutions on the basis of race, color, 
religion, national origin, sex, age, marital status, 
personal appearance, sexual orientation, family 
responsibility, physical handicap, matriculation, 
and political affiliation. However, the broadness of 
the agency's responsibility and its lack of statutory 
authorization have drawn two court tests challeng- 
ing its authority. 

Unfinished Business 

Many observers believe that the civil rights 
problems of the District might be better addressed 
on a metropolitan basis. Because the problems of 
discrimination do not stop at the District line, it is 
argued that the District government and con- 
cerned citizens should seek more cooperation and 
uniform enforcement on the part of the adjacent 
Maryland and Virginia suburbs. 

In addition to the issues already discussed, the 
District of Columbia must come to grips with in- 
equities suffered by women, such as discrimination 
in the delivery of social services, education, train- 
ing programs, social security benefits, and health 
care. 

The elderly have also been overlooked and 
suffer numerous inequities. Issues to be in- 
vestigated are whether compulsory retirement de- 
nies elderly persons equal protection of the law 
and whether the elderly receive their fair share of 
Federal aid. 

To maintain neighborhood stability, the Adviso- 
ry Committee believes the District government, 
with the help of the Federal Government, should 
improve delivery of services and program funds to 
low- and moderate-income homeowners and 
renters. The District government should help 
inner-city residents understand real estate prac- 



tices and their rights under law. It should prepare 
a workable plan for assistance to residents who are 
displaced and in substandard housing. It should 
commit resources for the construction of large 
numbers of new housing units of all sorts, for the 
origin of the problem is the severe, continuing 
shortage of housing in the District of Columbia. 

Enforcement authorities must continue to moni- 
tor the agencies and contractors that receive 
Federal funds to ensure that they are not being 
used discriminatorily. Opportunities must be made 
available for minorities and women in nontradi- 
tional jobs, and local government should set the 
example in training, hiring, and upgrading prac- 
tices. 

Vigilance is required, and the D.C. Advisory 
Committee and the many local civil rights and 
community groups intend to provide it. 

District of Columbia Advisory 
Committee Members 

Roy Littlejohn, Chairperson 

Nellie W. Brooks 

Josefina Bustos 

Howard Glickstein 

Roy J. Jones 

Ruth Jordan 

Deborah L. Matory 

James L. Owens 

John Topping 

Pauline W. Tsui 



42 



Florida 



Florida is atypical of its region. It is a State of 
tourists. It is an agricultural State with a large 
citrus industry, and with truck farming, cattle rais- 
ing, and wood products industries. It is a State of 
aliens and naturalized citizens. It is home for 
retirees. It is all of these and more. For minorities, 
it is a State of uncertainty at best, of repression at 
worst. 

Florida has 6.5 million residents. Approximately 
15 percent of them are black. Ten percent of the 
population is foreign bom — they come from more 
than 68 different countries. English is the mother 
tongue for 80 percent of the residents, Spanish for 
5.6 percent, German for 2.3 percent, and 24 other 
languages for the remainder. 

There are two tribes of American Indians in 
Florida. The Seminoles, numbering some 1,200, 
live on three reservations in South Florida. Ap- 
proximately 400 Miccosukees live along the Ever- 
glades National Park. 

The civil rights issues are almost as diverse as 
the population. A major complaint by women is 
that they earn less than men. For blacks, the 
problems are similar to those found in other parts 
of the South— major disparities in income, hous- 
ing, education, and health when compared to 
whites. In Florida, police-community relations has 
a different meaning for blacks than for most 
whites. Cuban immigrants make up most of the 
Hispanic population and have their own specific 
problems, as well as the problems they share with 
other Hispanic persons. Achieving citizenship, the 
right to participate in the elective process, and full 
freedom of expression are primary goals for Cu- 
bans. Hispanic problems overall center around em- 
ployment and education. Most Haitians fear that 
their illegal status will cause them to be sent back 
to the country from which they fled. 

Civil Rights Developments 
Administration of Justice 

The denial of equal treatment under the law has 
evoked violent disruptions in Florida. Law en- 



forcement personnel have been accused of ag- 
gravating situations and provoking violence. For 
this reason, the Florida Advisory Committee has 
devoted most of its resources during the last 
decade and a half to the study of police-communi- 
ty relations, particularly in three major cities. 

The 1960s were marked by violent confronta- 
tions throughout the State. There was widespread 
coverage in the summer of 1964 of the attempts 
of black citizens of St. Augustine, led by the late 
Dr. Martin Luther King, Jr., to desegregate the 
public accommodations of that city. Court action 
was required to restrain the Governor from inter- 
fering with the demonstrations, to provide protec- 
tion for the demonstrators, and to remove one of 
the sheriff's deputies from office for violation of 
his responsibilities. 

In Jacksonville, large scale disturbances broke 
out following the assassination of Dr. King in 1968 
and again following the shooting of a black youth 
by a white salesman in 1969. Black observers felt 
the police had used undue force in restoring order. 
Rioting broke out in Liberty City, a black re- 
sidential area of Miami, in 1968 during the na- 
tional Republican convention. Disturbances also 
occurred in Dade County where a black person 
was killed in 1968 and a police officer in 1970. 

In December 1974 a black man was killed by a 
white deputy sheriff in Pensacola. Unable to com- 
municate with the sheriff and feeling that the 
shooting was unjustified, 400 to 500 black citizens 
staged demonstrations. On February 21, 1975, ap- 
proximately 46 demonstrators were arrested. Two 
men, B. J. Brooks, head of the NAACP, and H.K. 
Matthews, head of the Southern Christian Leader- 
ship Conference, were sentenced on felony 
charges to 5 years imprisonment. The Brooks' sen- 
tence was overturned on appeal but the Matthews 
case had not been resolved as of July 1977. 

At the time of the 1975 demonstrations, the 
sheriff's sworn force numbered 154, including 4 
black males, 150 white males, and no females. The 
black population for the county was then esti- 



43 



mated at 17 percent. A Commission staff member 
spent several days during the upheaval in Pen- 
sacola talking with minority citizens and law en- 
forcement officials. In May 1975 the Ku Klux Klan 
led a well-attended rally in the town. 

More recently, in June 1977, a black youth 
suspected of breaking into a photo warehouse was 
killed by a white Tampa police officer. Two days 
of burning, looting, and rioting followed. The Na- 
tional Guard was summoned to restore order. 

Several other significant incidents in Florida 
point to the denial of equal protection under the 
law, and what some consider hostility to civil 
rights on the part of the legislature. 

Rev. Theodore Gibson, then president of the 
Florida NAACF, was ordered to bring membership 
records before a legislative committee in 1959 so 
the committee could determine whether there 
were Communists in the NAACP. Mr. Gibson was 
sentenced to 6 months and fined $1,200 for con- 
tempt when he refused to turn the records over to 
the committee. The Florida Supreme Court af- 
firmed the lower court decision, but the U.S. 
Supreme Court overturned the conviction in 1963. 

Freddie Pitts and Wilbert Lee were convicted in 
1963 of murdering a white service station atten- 
dant in Port St. Joe in the panhandle section of 
the State. After extensive appeals and a second 
trial, the men were still found guilty in 1971 and 
continued to be confined to death row. Finally in 
1975, after public pressure from citizens who be- 
lieved the conviction was a miscarriage of justice 
based on race, the men were given full pardons by 
Governor Reuben Askew. 

In 1974 the Florida Legislature passed a "fleeing 
felon" law which permits a law enforcement of- 
ficer to use whatever force is deemed necessary to 
apprehend a suspect. Many blacks think the law 
legitimized the unnecessary use of force against 
minorities. In 1976 the legislature passed a bill 
which gave property owners the right to shoot any- 
one trespassing on private property. The Governor 
vetoed the bill and his veto was not overridden. 

Many Cubans, and non-Cubans as well, are 
greatly disturbed by the series of bombings within 
the Cuban community which are directed against 
Cubans by Cubans. The acts are political, at- 
tacking those who dare to speak out on certain is- 
sues related to their homeland and about the 
bombings themselves. Most Cubans have been ef- 



fectively silenced. A recent network television pro- 
gram reported that the Central Intelligence Agen- 
cy had trained Cubans in guerilla tactics, including 
the manufacture of bombs. These skilled persons 
remain in the Miami area without a source of in- 
come. Cubans claim that the local law enforce- 
ment agencies and the FBI have refused to deal 
with this volatile situation. 

Three recent appointments within the criminal 
justice system should be noted as positive develop- 
ments in Florida. Joseph Hatchett was appointed 
in 1975 to the supreme court by Governor Askew. 
He is the first black to hold that position. Mr. 
Hatchett was subsequently elected on a statewide 
basis to a full 6-year term. Also in 1975, Governor 
Askew appointed the first black and first woman 
to the State parole and probation commis- 
sion—Charles J. Scriven and Anabel P. Mitchell. 
One year later Mr. Scriven was elected chairman 
of the commission by his peers. 

Employment 

Under chapter 1 1 2 of the Florida statutes, the 
State is prohibited from discriminating in hiring. 
Lt. Gov. Jim Williams indicated last year that the 
percentages of nonwhites in executive agencies of 
the government had risen from 14 percent in 1972 
to 17.2 percent in 1975. He also indicated that 
most of the minority workers held lower paying 
jobs. 

The legislature passed a human rights act in 
1977 which enables the Florida Commission on 
Human Relations, created by the legislature in 
1969, to assume broader powers, including the 
handling of complaints for the U.S. Equal Employ- 
ment Opportunity Commission (EEOC). Age, han- 
dicap, and marital status were added as factors 
protected from discrimination. The new act has 
been hailed as the first major civil rights measure 
in 14 years. Other Floridians view this as signifi- 
cant legislation because they believe the newly in- 
cluded groups will tend to give the agency substan- 
tial support. In addition to the State, nine cities 
have created local human rights agencies, two of 
which have authority to handle EEOC complaints. 

The desegregation of public schools in Florida 
has had an adverse impact on blacks in superviso- 
ry positions. According to recent news stories, in 
the 1964-65 school year, there were 433 black 
principals. In 1975-76, there were only 267. The 



44 



effect of school desegregation on black teachers 
and other school professionals has not yet been 
adequately studied. In contrast to the decline in 
the number of black principals, for the first time 
a black superintendent of schools was appointed in 
Dade County in 1977. 

Seasonal employment demanded by the citrus 
industry in Florida continues to provide a unique 
set of problems for the State. The Florida Adviso- 
ry Committee held an open meeting in 1968 on 
the problems of migrant workers. In February 
1972, a significant breakthrough in organizing 
agricultural workers was made when the United 
Farmworkers signed a contract with the Coca Cola 
Company food division on behalf of citrus grove 
workers. There is now a trend among migrant wor- 
kers to remain in the State rather than to travel 
northward seasonally and then return to Florida. 
During a 4-year period, 1971-72 through 
1974-75^ the total number of farm laborers 
remained fairly constant— 104,000 in the first 
period versus 111,712 in the second. Within this 
4-year span, however, the interstate migrant popu- 
lation dropped almost 50 percent. There were 
14,638 migrant workers in 1971-72 and only 
7,673 in 1974-75. Florida is faced with all the so- 
cial problems — housing, health care, employ- 
ment—related to a large group of seasonally 
unemployed and low-skilled persons. Approximate- 
ly one-third of the migrant workers are black 
(including natives of Barbados and Haiti) and one- 
third are Hispanic. 

Discrimination against women in employment 
benefits concerns a number of citizens' organiza- 
tions. Sick leave policies are among the more bla- 
tantly discriminatory. Some companies, including 
airlines and telephone companies, have a policy of 
mandatory leave when pregnancy occurs and 
rehire the women at a loss of seniority and at 
lower pay. Often the women must take a 6-month 
leave, beginning with the fourth or fifth month of 
pregnancy. Critics indicate that men do not suffer 
loss of seniority or pay after taking extended sick 
leave. 

The Dade County Commission in March 1977 
passed an ordinance forbidding discrimination of 
homosexuals in employment. Sufficient signatures 
were collected to force a referendum and, after a 
heated campaign which attracted international at- 
tention, the ordinance was repealed in June 1977 
by a two-to-one vote. 



Equal Rights Amendment 

There have been several attempts since 1973 to 
ratify the Equal Rights Amendment, which 
proponents feel would help ensure equal employ- 
ment rights for women. These efforts have not 
been successful. In 1973 a legislative committee 
held hearings on the ERA in eight cities. In 1974 
the amendment was defeated in both houses. In 
1975 it passed the house but was rejected in the 
senate, and in 1977 it failed by two votes in the 
senate. 

Education 

The process of school desegregation went 
smoothly in Florida for a number of reasons. The 
State's Governors did not choose to make 
desegregation a political issue. All school districts 
are countywide, so families could not avoid 
desegregation by moving to the suburbs. A 
federally-funded center was established in the 
State to assist in desegregation and was delegated 
significant powers by the Department of Health, 
Education, and Welfare. A positive psychological 
effect of this arrangement was that school districts 
requesting the services of the Desegregation Coun- 
seling Center felt they were dealing with a Florida 
agency rather than a Federal agency. 

The center was the first to be funded in the Na- 
tion and was more involved in the school 
desegregation process from 1968 to 1971 than 
centers in other States. During those years Florida 
in general was desegregated for all practical pur- 
poses. Twenty of the largest school districts were 
under court order. The center worked with both 
court-ordered and HEW-supervised school dis- 
tricts. 

In March 1976 the U.S. Commission on Civil 
Rights held a hearing on school desegregation in 
Hillsborough County in an effort to identify the 
procedures which were undertaken to achieve 
what has been termed the most desegregated 
system in the country and also to look at some of 
the emerging problems of discipline and assign- 
ment to special education classes. 

Not all districts have yet resolved their "first 
generation" problems of desegregation. The high 
school in Pensacola was desegregated in 
November 1972 with 3,300 whites and 100 black 
students. The Confederate flag was flown at the 
school and athletic teams were identified as 



45 



"Rebels." These symbols of the "Old South" were 
flaunted before the black students. Black students 
left the school system for a time. The issue of the 
flag and team symbol was in and out of the courts 
for the following 3 years, with school officials in- 
sisting on the right to retain the symbols. A series 
of fights broke out in 1975. In February 1976 a 
major riot broke out at the school and several per- 
sons were wounded. Considerable tension remains. 
Not all of the problems were on the secondary 
school level. In 1971 the Florida Advisory Com- 
mittee held an informal hearing in Gainesville 
when black students at the University of Florida 
were unable to resolve their differences with the 
administration of the University of Florida. Some 
80 black students had "sat in" in the office of the 
president in connection with issues related to 
black participation at the university. They were 
later joined by 2,000 white students. The police 
were called to disperse the group. Differences 
could not be resolved at that time and 1 75 black 
students withdrew from the school. 

Voting and Political Participation 

According to the Voter Education Project, black 
registration accounted for 9.8 percent of the total 
in 1974. This is well below the black percentage 
of population — 15 percent. In January 1977 there 
were 84 black elected officials, including 1 1 
women. They included 3 State legislators; 6 
mayors and 4 vice mayors; 50 council members, 
aldermen, and commissioners; 9 judges; but only 6 
county school board members out of the 67 school 
districts. Because Florida is not affected by the 
Voting Rights Act of 1965, there is no automatic 
review of State election laws by the U.S. Attorney 
General. 

There have been several attacks on the method 
of selection of State representatives through the 
process of numbered districts. Two cases came be- 
fore the Florida Supreme Court in the 1977 ses- 
sion. The plaintiffs in one case were Cubans from 
Miami; the other case was filed by blacks from St. 
Petersburg. Both sets of plaintiffs challenged the 
procedure, saying their political strength had been 
diluted. The Cuban plaintiffs lost their case. In St. 
Petersburg a commission has been appointed by 
the court to study the situation and to bring back 
to the court its findings. In Dade County, three 
persons have filed suit in Federal court challenging 



the entire system of selecting legislators. Plaintiffs 
include a black male and female and a Cuban 
male. 

Some Cubans feel that they are denied par- 
ticipation in certain public bodies. For 2 years 
there have been no Cubans on the Dade County 
Grand Jury. On July 1, 1977, a 35-member con- 
stitution revision commission was appointed by the 
Governor, president of the senate, speaker of the 
house, and the chief justice of the supreme court, 
but no Hispanics were appointed from the four 
counties having the largest Hispanic population. 

It is alleged that there is a deliberate delay on 
the part of the U.S. Immigration and Naturaliza- 
tion Service in processing Cubans for citizenship, 
and a 2-year backlog of applications has accumu- 
lated in the Miami office. 

Despite the many barriers to the full involve- 
ment of Hispanics in Florida politics, there have 
been some achievements. It should be noted that 
a Cuban, Dr. Alfredo Duran, was named to chair 
the State Democratic party in 1977. 

Unfinished Business 

Gains have been made in a number of areas but 
are offset by the monumental tasks left for all 
Floridians. A number of second-generation school 
desegregation problems face the schools. Minori- 
ties receive substantially more suspensions from 
schools than whites and are more often placed in 
special education classes. Most school districts 
with students of foreign backgrounds offer bilin- 
gual classes. Districts have begun to reexamine 
their programs in regard to Title IX regulations 
relating to sex discrimination in federally-sup- 
ported school programs. Schools will face con- 
siderable adjustments to meet the requirements for 
facilities and programs for the handicapped. 

Employment is another major area, and the 
State government has a responsibility to see that 
all its citizens are represented at all levels of State 
employment. It is necessary to monitor the com- 
petition of blacks with Hispanics for limited job 
openings in the South. Farm workers need 
assistance as they drop out of the migrant stream 
to establish homes in the State. The State is only 
beginning to recognize the racial problems related 
to discipline and assignment in the public schools 
and has yet to come to grips with the tasks of cor- 
recting sex discrimination and meeting the needs 
of the handicapped. 



46 

In administration of justice, the black citizen's 
uneasy relationship with law enforcement agencies 
has to be dealt with on the local level; minorities 
and females need increased representation on the 
police forces. The relationship between various 
elements of the Cuban community and the struggle 
in that community between intimidation and 
freedom of expression need to be watched care- 
fully. That few blacks and Hispanics serve on 
public bodies, especially the legislature, should be 
of great concern to all. They are not adequately 
represented. 

There is an increasing need for an agency which 
will be aware of the multifaceted character of this 
State and monitor its efforts to deal with the 
minorities and women in its society. 

Rorida Advisory Committee 
Members 

Ted Nichols, Chairperson 

Henry Adams 

W. George Allen 

Nancy T. Cardwell 

Caxton Doggett 

Lilia V. Fernandez 

Linda Garcia 

Robert Gilder 

Betsy Golland 

Miguel Gonzalez-Pando 

Victor Hart 

Mary Ellen Hawkins 

Laurence E. Higgins 

George Lewis II 

June D. Littler 

Rosa S. Moore 

Karin L. Morris 

Mildred O'Connell 

Judith A. Peterson 

Carmen Rivera 

Jane Robinson 

Teresa Saldise 

Howard Tommie 

James Upchurch, Jr. 

Frank Weaner 

Mayme Williams 



Georgia 



47 



Georgia, encompassing 58,876 square miles of 
the Atlantic coastal plain region, ranks 21st in 
land area among the States. According to a survey 
conducted by the Georgia Chamber of Commerce, 
the State showed its most significant population 
gain between I960 and 1970. The reported 1970 
population, 4,589,575, represented an increase of 
16.4 percent over the 1960 population. Of the 
total population, 1,187,149 are black; 29,824 are 
Hispanic; 2,236 are American Indian; and there 
are approximately 5,000 persons of other races, in- 
cluding Japanese, Chinese, Filipino, and Korean. 

Half of all Georgians lived in urban areas in 
1970. Of the black Georgians, 68 percent are in 
urban areas; 256,000 (one-fifth of all black Geor- 
gians) lived in Atlanta. 

In 1970, 786,041 or 18.9 percent of Georgia's 
residents had incomes below the poverty level. Of 
that number 544,403 or 69.4 percent were black. 

Civil Rights Developments 
Education 

Beginning in 1952, the Georgia Legislature 
passed a long list of laws designed to thwart public 
school desegregation, but two white Atlanta 
mayors exerted a positive influence which paved 
the way for desegregation in Atlanta. 

Atlanta, the recognized capital of the Deep 
South, demonstrated on August 30, 1961, that 
careful preparation could prevent the violence that 
had previously characterized public school 
desegregation in the South. On that date 12 black 
students entered four previously white high schools 
in Atlanta, marking Georgia's first token step 
toward compliance with the Supreme Court's 
desegregation ruling of 1954. 

Four private institutions of higher learning in the 
State, three of them black colleges, adopted non- 
discriminatory admission policies. The enrollment 
of two black men at the State's University of 
Georgia at Athens in January 1961 provoked riots. 
A Federal court insisted on the admission of the 
black men and a black woman graduate student 



that spring. Georgia Tech, the other exclusively 
white institution in the State's university system at 
the time, had accepted 3 black Atlanta high school 
graduates from among 13 blacks who sought ad- 
mission in the fall of 1961. The Tech action was 
significant because it was voluntary and no court 
order was involved. 

The overwhelming majority of Georgia's school 
systems desegregated under pressure from the U.S. 
Department of Health, Education, and Welfare by 
fall 1970. In the last few years, many of these 
systems have been called into court to remedy 
"second generation problems." The most con- 
troversial of these is the Dekalb County School 
System. 

On November 4, 1976, a Federal judge ordered 
Dekalb County school officials to make major 
revisions in the school system's desegregation plan, 
including providing busing for some students and 
the establishment of a biracial committee to over- 
see revisions to the original plan. U.S. District 
Judge Newell Edenfield issued the order after find- 
ing the Dekalb school system in violation of the 
court's original 1969 desegregation order. The 
school officials were accused by black citizens of 
redrawing attendance zone lines so that schools 
were again segregated, and of assigning black 
teachers to majority black schools and white 
teachers to majority white schools. 

In 1966 only 23 of Georgia's 188 school systems 
could be identified as majority black. In 1976, 
based on statistics compiled by the U.S. Depart- 
ment of Health, Education, and Welfare, 48 school 
systems, including Atlanta, were majority black. 
The growing number of black students in about a 
dozen other school systems that are now 40 to 50 
percent black could soon dramatically increase 
that figure. 

Nationwide, when school systems become 
majority black they are usually headed by black 
superintendents. Despite Georgia's large number 
of majority black systems, there are only three 
black superintendents (city of Atlanta, Talbot 



48 



County, and Hancock County) among the State's 
188 school chiefs. According to an August 1976 
four-part report in the Atlanta Journal, "New 
Segregation in Georgia's Schools," desegregation 
has been followed by a decline in the number and 
percentage of black teachers and principals. 

Collaterally, in the fall of 1970, when most 
school desegregation occurred, the proliferation of 
private schools negated many of the educational, 
social, and economic benefits anticipated in a 
desegregated school system. The growth of private 
schools has not abated but continues yearly. In 
1969 there were 151; by 1975 there were 319. 

Conflict in the educational arena was not limited 
to the public schools. In August 1976 the Black 
American Law Students' Association (BALSA) of 
the University of Georgia School of Law contacted 
the Georgia Advisory Committee requesting an in- 
vestigation of the law school's treatment of minori- 
ty students. The first black student was admitted 
to the law school in 1964. From 1964 to 1976, 54 
black students have enrolled and 18 have gradu- 
ated. The black students attributed the high attri- 
tion rate of blacks to negative faculty attitude and 
lack of administrative support. Subsequent 
meetings were held with the law school's adminis- 
tration, but many of the issues are still unresolved. 

Employment 

In 1961 Marietta, Georgia, was the scene of the 
most determined and sustained drive for elimina- 
tion of employment discrimination in the history of 
Georgia and perhaps the South. Stirred by a story 
in the Atlanta Inquirer, a local black newspaper, 
which pointed out discriminatory practices at the 
Lockheed Aircraft Corporation's huge Marietta 
plant, national (and White House) attention 
focused upon Marietta, an Atlanta suburb. It was 
firmly established that Lockheed's provision of 
separate time clocks, dining, and restroom facili- 
ties for blacks plus the company's undeniable 
record of racial restriction of jobs in the engineer- 
ing, professional, and supervisory categories were 
demonstrably illegal for a corporation working 
under a nondiscriminatory Government contract. 

Lockheed had aircraft and missile contracts with 
the Government amounting to over $1 billion. 
Changes were made at Lockheed when it became 
obvious that President Kennedy intended to use 
the Lockheed plant as a model in the Govern- 



ment's drive to eliminate employment discrimina- 
tion in all companies working on defense con- 
tracts. A pact was signed between Lockheed and 
the President's Committee on Equal Employment 
Opportunity, headed by Vice President Lyndon 
Johnson, and intensive efforts to wipe out dis- 
crimination were begun. A number of black em- 
ployees were upgraded in jobs and others enrolled 
in apprentice training programs. All dual facilities 
in the plant were eliminated. 

The reaction of the fiercely conservative white 
community was tolerant and resigned. A violent 
reaction would have forced Lockheed out of Geor- 
gia. Lockheed needed its Government contracts 
and the whites needed their jobs. 

Exclusive of the Lockheed experience, minori- 
ties and women are still the recipients of the most 
acute type of employment discrimination. 

Even though government as an employer should 
be equitable in all aspects and set examples for 
private industry, Georgia is the epitome of inequity 
in employment. Special note should be made of 
the fact that in the salary range between $8,000 
and $9,999 white males comprise 57 percent of 
the work force and peak at 80 percent in the 
$13,000 to $15,999 range. Furthermore, 70 per- 
cent of the jobs paying more than $8,000 are held 
by white males. Although more than 5 1 percent of 
the State's employees are women, most of them 
work in low-paying positions (e.g., the clerical and 
secretarial pool). 

The dearth of equal employment opportunities 
for minorities and women is illustrated by the hir- 
ing and promotion practices of the Georgia De- 
partment of Corrections and Offender Rehabilita- 
tion (DCOR). Three years after the Georgia Ad- 
visory Committee's open meeting on the prison 
system (November 16-17, 1973), and 16 months 
after the release of the report (February 1976), lit- 
tle progress has been made by DCOR in the hiring 
and promotion of minorities and women. The 
equal employment opportunity plan of July 1976 
clearly shows that the department has much work 
to do. 

Administration of Justice 

There is a continuing high incidence of confron- 
tations between police and the black, Hispanic, 
and American Indian communities. These groups 
still frequently allege that police routinely harass 



49 



them and use force against them but not against 
whites. 

The shooting death of a minority youth in 
Savannah in 1976 precipitated serious problems. 
The Savannah conflict began when two white po- 
lice officers — a male and a female— killed a 21- 
year-old black man involved in a dispute with his 
grandparents. The shooting touched off several 
nights of demonstrations. When the two officers 
were released on their own recognizance — one was 
charged with manslaughter, the other with ag- 
gravated assault— the reaction intensified. Hostile 
groups of young blacks and whites roamed the 
city, causing additional difficulty. 

Race-related violence and disparate treatment of 
inmates in prisons are still major problems in 
Georgia. The Advisory Committee's report Georgia 
Prisons, released February 1976, stated that most 
adult prisoners in the State penal system were kept 
in accommodations that were dehumanizing. In 
southern Georgia in early 1977, at the vastly over- 
crowded Reidsville Prison inhabited by violence- 
prone inmates, a racial confrontation erupted, 
leaving three black inmates dead and several 
severely injured. Racial tensions are still very ex- 
plosive in the prison and violent incidents have 
become commonplace. 

The town of Dawson, Georgia, has received na- 
tional attention as the site of the trial, now in 
progress, of five black men between the ages of 1 7 
and 21 who are charged with the murder of a 
white man during a grocery store holdup. Before 
the trial, civil rights and legal defense groups al- 
leged that the defendants were the victims of dis- 
criminatory law enforcement practices endemic in 
the town. Early testimony at the trail has tended 
to confirm these suspicions that Dawson has two 
standards of justice and law enforcement. With the 
death penalty certified constitutional in Georgia in 
1976, the groups rallying to the defense of the 
"Dawson 5" have raised the spectre of a potential 
miscarriage of justice rivaling that of the notorious 
"Scottsboro Boys" situation of the 1930s. 

Unfinished Business 

Georgia is one of the few States that have not 
enacted legislation for the creation of a State 
agency charged with encouraging, promoting, and 
developing fair and equal treatment for all the 
people of the State regardless of race, color, 



creed, gender, or national origin. A bill to create 
such an agency was defeated in 1975. 1976, and 
1977. By and large, the citizens of Georgia are 
forced to seek Federal assistance for the redress of 
grievances in the denial and violation of their civil 
rights. 

Although school desegregation has taken place 
peacefully in most cases, large numbers of white 
students have enrolled in private academies. This 
has put minority students in the majority in many 
school districts. In these districts, however, minority 
teachers and administrators are not being placed in 
decisionmaking positions in anywhere near the 
minority proportions of the student bodies. 

Despite the urgency of school desegregation itself, 
other problems were and are equally acute. Allega- 
tions of discriminatory discipline practices, insensi- 
tivity to minority students, and discrimination in 
staff employment still come up repeatedly in com- 
plaints. The day of physical desegregation is here, 
yet serious problems remain in Georgia's public 
schools. 

Today, equal employment opportunity is virtually 
nonexistent in the Georgia State government. Al- 
though numerous suits have been filed by groups 
such as the NAACP and the ACLU and by individ- 
uals against the State, Georgia continues to receive 
Federal money and continues to discriminate in Wr- 
ings and promotions. Many opportunities for ad- 
vancement and managerial positions are restricted to 
the "white male club" that monopolizes the admin- 
istrative and supervisory positions in the system. 
Women and blacks have few opportunities. 



50 

Georgia Advisory Committee 
Members 

Edward Elson, Chairperson 
Nack Y. An 
Charles Clark 
Charles S. Hamilton 
Joseph M. Hendricks 
Johnnie Hilbun 
Gary Holmes 
James Hooten 
John H. Ruffin, Jr. 
Clayton Sinclair, Jr. 
Majorie Smith 
Eugene Tillman 
Lyndon A. Wade 
Kathleen Wood 
Mercedes A. Wright 
Ruth B. Zaleon 
Kathleen Light 



Hawaii 



51 



Hawaii, with a land area of 6,425 square miles, 
had a population of 955,800 in 1976. The popula- 
tion in the Aloha State includes: Caucasian, 
230,100; Japanese American, 219,800; Filipino 
American, 83,800; Chinese American, 35,900; Na- 
tive Hawaiian, 10,900; Korean American, 10,800; 
black, 7,600; Samoan American, 4,500; Puerto 
Rican, 3,200; other and unknown, 9,300; part- 
Hawaiian, 135,300; and other mixtures, 76,300. 

Vast distances separate the Hawaiian 
archipelago from the United States mainland and 
Pacific island neighbors. The barren and volcanic 
nature of a large part of the limited Hawaiian land 
area has imposed economic limitations which have 
not been eliminated by modern technology. The 
island's emergence as a modern State has been 
rapid and its growth is believed to have been ac- 
celerated by the advent of statehood in 1959. 
More recently, the idea of maintaining a high rate 
of economic growth has been challenged by many 
residents who believe selective growth will better 
serve the environmental needs of Hawaii's diverse 
population. 

The Native Hawaiians migrated to Hawaii from 
other islands in the Pacific, and in their system of 
values the land and sea were considered resources 
for all. Western whalers and then missionaries 
brought different concepts and values which slowly 
eroded the Native Hawaiian lifestyle. Chinese im- 
migrants came to work on island plantations, but 
soon moved to urban areas and commercial ven- 
tures. Japanese immigrants followed to work in 
plantation fields, but also moved on to skilled 
trades and professions in the cities. The Pilipinos 
were the last ethnic group recruited in significant 
numbers by planters. Later, Samoans, Koreans, 
and blacks arrived. 

The period of rapid growth greatly affected the 
minority communities of the State. Samoans, 
Hawaiians, part-Hawaiians, Pilipinos, and blacks 
have often been denied equal protection of the 
law. 



Civil Rights Developments 

Issues which have civil rights implications in 
Hawaii are similar to mainland minority communi- 
ty concerns: problems in education, employment, 
housing, and sex discrimination are often cited by 
spokespersons for minorities and women. In addi- 
tion. Native Hawaiians, in seeking compensation 
for land claimed to have been taken unjustly from 
their ancestors, echo similar complaints raised by 
Eskimos, Aleuts, and American Indians. 

Employment 

More studies have been made and more data 
compiled on the employment situation for women 
than on any other segment of the labor force in 
Hawaii. Allegations have been made that inequities 
exist in the appointment of qualified women to ad- 
ministrative and policymaking positions in State 
government. A 1973 study by the Hawaii-Manoa 
ad hoc group of university women concluded that 
sex was the only factor which led to inequality of 
university salaries for men and women. 

Minorities allege they are passed over for 
promotions, disqualified for certain positions solely 
on the basis of race, often overqualified for posi- 
tions they hold, and assigned additional responsi- 
bilities without any salary increase. Discrimination 
in employment is not limited to the public area. 
Many studies have indicated that there is also em- 
ployment discrimination in the private sector. 

Housing 

Adequate, affordable housing is a major 
problem in Hawaii. The scarcity of land and the 
necessity of importing building materials have 
priced average-income families out of the private 
housing market. The housing shortage is further 
aggravated by the presence of armed services per- 
sonnel and insufficient housing on or near military 
bases. The situation has made it difficult for 
minorities and lower income families to obtain 
adequate living facilities and easy for landlords to 
discriminate in renting. Many landlords prefer not 



52 



to rent to Samoans because "the typical Samoan 
family is too large." 

Education 

Some practices in the school syste. . infringe 
upon the civil rights of minority students. Commu- 
nity spokespersons allege that the language barrier 
constitutes the basic reason for the high dropout 
rates among Hawaiian, Filipino, and Samoan 
youths; others cite insensitivity on the part of the 
instructional staff as a significant concern. In 1974 
the Hawaii Advisory Committee was advised by 
Hawaiian youths that the practice of degrading 
students for the use of pidgin English was still 
practiced by many teachers in Hawaii. Because 
many children have heard pidgin spoken in their 
homes since birth, this practice is considered 
grossly unfair to the students. 

Unfinished Business 

As late as October 1973, the Federal Govern- 
ment retained title to 396,000 of the more than 
4.1 million acres of land in Hawaii. Native 
Hawaiians have sought compensation for land they 
claim was unjustly taken from them. Since 1976 
the Hawaii Advisory Committee has monitored the 
situation faced by Native Hawaiians in their land 
claims action against the Federal Government. 

Recent immigrants face a myriad of problems. 
For example, many Samoan immigrants have less 
than a high school education, which limits their 
employment opportunities; Filipino immigrants 
with professional degrees have faced underemploy- 
ment; and newly enacted State legislation places 
residency requirements on candidates for State 
employment. The American Civil Liberties Union 
has filed a suit on behalf of four persons — two 
fired and two not hired — on the basis of the re- 
sidency requirement. The State Advisory Commit- 
tee will monitor the legal action for civil rights im- 
plications. 

Although Hawaii is viewed as a tranquil paradise 
by visitors, the problems faced by resident minori- 
ties and women are not unlike those faced by 
minorities and women on the mainland. There is a 
serious effort led by a small but vocal contingent 
to detract from the advances made on the basis of 
the Equal Rights Amendment of Hawaii. The true 
spirit of Aloha requires a strong commitment to 
the State's diverse population. 



Hawaii Advisory Committee 
Members 

Fatricia Putman, Chairperson 
Alma K. Cooper 
Harry S. Komuro 
Ernest D. Libarios 
Louise H. A. Manuel 
Charles K. Maxwell, Sr. 



Idaho 



53 



Idaho's population according to 1970 census 
figures consists of 682,716 whites and a minority 
ethnic population of 29,851 (or 4.2 percent.) The 
largest minority group is Hispanics, who number 
16,086. Hispanics are fairly evenly distributed in 
urban and rural areas. The second largest group is 
American Indians, most of whom live in rural 
areas. 

Poverty in Idaho affects 13.1 percent of the 
population or 91,248 people. Persons classified as 
poor include 25.2 percent of Idaho's blacks, 43.7 
percent of American Indian residents, 31.8 percent 
of Hispanics, 13.6 percent of Japanese, 6 percent 
of Chinese, and 12.8 percent whites. The white 
majority population is slightly below the State 
average in incidence of poverty, while three 
minority groups — blacks, American Indians, and 
Hispanics — are disproportionately poor. 

Civil Rights Developments 

Idaho ratified the Equal Rights Amendment in 
1973. However, the State legislature rescinded the 
ratification during the last session, although the 
legality of this action is questionable. 

The Idaho Commission on Women's Programs, 
established in 1965, is concerned with women's is- 
sues. In 1971, in the case of Reed v. Reed, the 
United States Supreme Court struck down an 
Idaho probate statute because it mandated men 
rather than women in the administration of estates 
and was, therefore, unconstitutional. Since that 
time, many statutes have been changed to comply 
with this Supreme Court decision. 

In 1974 the Idaho Legislature amended the law 
to permit both husband and wife to manage and 
control their community property. This change in 
the law also allows a wife to obtain credit and 
make purchases in her own name. In 1976 a law 
that said that the income of a married man living 
apart from his wife was community property while 
her income was separate property was struck down 
by the Idaho Supreme Court as discriminatory 
because of sex. 



Housing 

The U.S. Department of Housing and Urban 
Development allocated $1,003,000 in fiscal year 
1977 for metropolitan housing in Idaho. Non- 
metropolitan housing was allocated $3,710,000 
and $705,000 was set aside for Indian housing. 
Prior to 1977, in cooperation with the local com- 
munity, FHA money built housing facilities at Paul 
for migrant farmworkers. 

In 1973 HUD also handled six Title VIII com- 
plaints and three Title VI complaints. From July 
1976 to June 1977 regional HUD officers handled 
10 Title VIII complaints and no Title VI com- 
plaints in Idaho. 

The task force on migrant and other low-income 
housing of the Idaho Women's Commission stu- 
died the condition of migrant housing in 1971. 
The report, statewide in scope, contained the fol- 
lowing recommendations: 

• That the concept of a four-phase, job-educa- 
tion program for migrants in the department of 
employment be approved to help Mexican 
Americans get out of the migrant stream and 
into communities for year-round residency and 
work, and that participants have an opportunity 
to choose which occupations they desire to 
enter, in order to facilitate their education. 

• That Idaho's laws be amended to give the de- 
partment of health enforcement power to clean 
up migrant camps and other low-income housing 
to make them habitable. 

• That when migrants settle out of the migrant 
stream into permanent residency and employ- 
ment, they be moved out of the labor camps 
into community homes which meet adequate 
health standards and are available at reasonable 
rents or purchase prices. 

Education 

Because the minority population is small, 
desegregation in the public school system is not a 
major civil rights issue in Idaho. Bilingual-bicul- 
tural programs for Hispanics and American Indians 
need the greatest attention. 



54 



Of the total student population (7,000) of the 
University of Idaho, there are 40 blacks, 30 
Chicanos, and 30 American Indians. Minorities are 

1.4 percent of the university's student population, 
which is below the figure for the percentage of 
minorities (4.2 percent) in the State. In particular, 
Hispanics, with a population of 16,086, and Amer- 
ican Indians, with a population of 6,687, are un- 
derrepresented at the university. 

A revamped minority advisory service program 
at the University of Idaho began in August 1977 
with the hiring of three minority student advisors 
for Hispanic, black, and American Indian students. 
This is the first time there have been three full- 
time counselors. Previously, a director and three 
part-time graduate assistants worked with minority 
students. The minority advisory services program 
to increase the number and retention of minority 
students at the university. 

Employment 

The major ethnic group participating in the 
Idaho work force is Hispanic, with 8,456 workers. 
Of this number, 3,324 (60.5 percent) work as 
operatives, service, or farm workers. The number 
of migrant Hispanic workers is considerable and 
needs special attention. According to a report by 
the task force on migrant and other low-income 
housing of the Idaho Women's Commission, 
between the areas of Hammett and Weiser, Idaho, 
there were 10,179 farm workers with an unem- 
ployment rate of 74 percent, and in the area 
between Twin Falls and Burley, there were 6,378 
workers with 66 percent unemployment in 1972. 

As of November 30, 1975, the number of full- 
time Federal employees in Idaho stood at 7,427. 
There were 333 (4.5 percent) minority employees, 
which is comparable with the percentage of 
minorities in the State population. 

In contrast, minority hiring in the Idaho Depart- 
ment of Education is not at the same level as the 
hiring of minorities by the Federal Government in 
the State. In the State department of education, 

1.5 percent of program employees are minority, 
while 3.8 percent of support staff are minority. 

A discrimination complaint was filed with the 
State human rights commission against the Univer- 
sity of Idaho in 1974 by the women's caucus of 
the university. This action eventually lead to the 
development of an affirmative action program at 



the school. During the 1976-77 academic year, 
the University of Idaho had 115 professional and 
exempt positions, 63 of them full time. Some de- 
partments of the university have met affirmative 
action goals, while others have not. In 1977, 17 
percent of the applicants were women and 3 per- 
cent were minorities. The minority composition of 
the university work force is one black, eight Asian 
and Pacific Islanders, and two Hispanics. Amer- 
ican Indians have no representation and Hispanics 
are severely underrepresented. 

American Indians 

In Idaho there are five tribal reservations: Coeur 
d' Alene, Kootenai, Nez Perce, Shoshone-Ban- 
nock, and Shoshone-Paiute. In 1976 the Kootenai 
received Federal funds for a housing project. 

Litigation is an important arena for Indian 
rights. A fishing rights case. Stale of Idaho, v. 
Tinno was decided in favor of the Indians. How- 
ever, there is concern that such decisions on a 
State-by-State basis are inadequate. Because the 
river system in Idaho is an extension of the Colum- 
bia River, decisions made in Washington and 
Oregon concerning fish resources have to be re- 
lated to Idaho's share of the fish runs. 

Water rights is another issue that is becoming 
increasingly more difficult to settle on a State-by- 
State basis. Indians are concerned that the plans 
for water use being worked out by Western States 
will adversely affect Indian development needs and 
violate guarantees made in treaties. 

Another area of court battles is education. Cur- 
rently under litigation is a case involving the Nez 
Perce tribe. The case involves school staffing and 
incorporation of the Indian heritage into the cur- 
riculum. 

Indians also state that they need more Indian 
control over their government, lifestyle, and tradi- 
tions. The influence of the majority society, they 
say, has been detrimental to the Indian family 
structure. 

Areas bordering reservations present problems 
in the administration of justice. There are allega- 
tions of considerable police harassment of Indians 
in border towns. 

Unfinished Business 

The Idaho Commission on Civil Rights has equal 
opportunity jurisdiction in employment, public ac- 



55 



commodations, education, and housing. In fiscal 
year 1976, the State commission received 175 
complaints, chiefly in employment (149 cases or 
85 percent of the complaints); sex discrimination 
was claimed in 58.8 percent of all complaints, 
while race discrimination accounted for 24 per- 
cent. 

In 1976 the U.S. Equal Employment Opportuni- 
ty Commission found that the State human rights 
commission was not meeting equal employment 
opportunity standards as specified in Title VII of 
the Civil Rights Act of 1964. Consequently, the 
human rights commission is taking steps to meet 
those standards. 

Educational needs of Indians are not being 
adequately met. The State provided no funds for 
Indian education until 1976 when approximately 
$33,000 was allocated for that purpose. The 
Federal Government assists Indian education 
through the Johnson-O'Malley program. Federal 
funds for this program are administered through 
the State and Indian education committees actively 
participate in program planning and decisions 
about the allocation of funds. One problem is the 
distribution formula for JOM funds. This is based 
on the number of eligible Indian students and the 
State's per capita expense for all students. Since 
Idaho spends less than any other State except Mis- 
sissippi for their students, the State receives fewer 
JOM funds per Indian students. 

Idaho Advisory Committee 
Members 

Bemadine Ricker, Chairperson 

Rudy Pena 

Nancy Hosack 

Dorothy Ruckner 

Celia Longoria 

Don McClenahan 

Walter Moffett 

Yoshie Ochi 

Eugene Price 

Sherrill Kichara 

Perry Swisher 

Constance Watters 



56 



Illinois 



The population of Illinois grew from 10,081,158 
in 1960 to 11,113,976 in 1970. Approximately 63 
percent of the population resided in the Chicago 
metropolitan area. The minority population of the 
State increased from 11 to 14 percent while the 
minority population of the Chicago area grew from 
15 to 19 percent. 

Civil Rights Developments 

Illinois has had its share of struggles in the civil 
rights arena in the past 13 years. Among major 
civil rights-civil liberties cases in Illinois decided in 
the past few years by the U.S. Supreme Court: 

• Village of Arlington Heights v. Metropolitan 
Housing Development Corp. confirmed a 
developer's right to sue charging discriminatory 
zoning practices but required specific intent to 
be shown to prove discrimination. 

• Hills V. Gautreaux held that HUD can order 
metropolitan or multijurisdictional remedies 
where discrimination in public housing programs 
has been shown. 

• Stanley v. Illinois struck down an Illinois law 
automatically depriving unwed fathers of cus- 
tody over their children upon their mother's 
death. 

• Jimenez v. Weinberger held that the Social 
Security Administration cannot deny disability 
benefits to illegitimate children even if the wage 
earner has not contributed to support or lived 
with the child. 

• United Airlines v. Evans denied seniority 
rights to a flight attendant who was fired under 
a rule prohibiting marriage. 

School Desegregation 

Administrative Law Judge Everett J. Ham- 
merstrom found the Chicago School District to be 
in violation of Title VI of the Civil Rights Act of 
1964 and ordered HEW and HUD to withhold $80 
million from the Chicago schools. The Chicago 
School District is the largest against which HEW 
has ever conducted a Title VI administrative hear- 
ing. 



The decision followed HEW's rejection in 1976 
of the school district's plan to correct discrimina- 
tion found by HEW in 1975 as part of its nation- 
wide major city school review. In 1975 HEW 
asked the district to develop a plan that would ac- 
complish three objectives by September 1976: 

• Assignment of faculty and staff so that the 
ratio of minority to nonminority personnel in 
each of the district's schools would be substan- 
tially the same as the ratio of the district as a 
whole; 

• Assignment of faculty so that the proportion 
of teachers with extensive professional education 
and experience and the proportion of teachers 
with lesser amounts of training and experience 
would be substantially comparable in all schools; 
and 

• Provide special instructional services for each 
student who speaks solely or primarily a lan- 
guage other than English to ensure his or her 
participation in all educational programs on an 
equal and effective basis. 

In 1976 the State office of education found the 
Chicago School District in violation of State 
school discrimination laws. The school district was 
put on probation and was ordered to develop a 
desegregation plan within 1 year. The school 
board hired a consultant to develop a student 
desegregation plan and a citywide advisory com- 
mittee was elected to work with the consultant. 
Based upon this development and a voluntary stu- 
dent transfer plan, the State office of education 
gave Chicago a 9-month extension. 

In 1977 a U.S. district court found the Spring- 
field school system guilty of racial discrimination 
and ordered that plans be developed to correct 
this situation. 

Employment 

The city of Chicago adopted a hiring plan for its 
police department ordered by the U.S. District 
Court for Northern Illinois in 1974 and upheld by 
the Seventh Circuit Court of Appeals in January 
1977. Approximately $114 million in revenue 



57 



sharing funds previously withheld from the city 
because of discriminatory hiring practices have 
been released. 

Finding that Chicago had "knowingly dis- 
criminated against women, blacks and Hispanics in 
the employment of police officers," the court or- 
dered a hiring plan that provides that at least 16 
percent of future patrol officers will be women, 42 
percent will be black or Spanish surnamed, and 40 
percent of the patrol officers promoted to sergeant 
will also be black or Spanish surnamed. 

Police-Community Relations 

The Illinois Advisory Committee held an open 
meeting in 1966 to examine police-minority group 
relations in Peoria. The report of the meeting 
recommended several steps to establish an affirma- 
tive police-community relations program. The 
local NAACP called upon city officials to imple- 
ment the recommendations. SAC and staff mem- 
bers consulted with the mayor and the commission 
on human relations regarding the details of such a 
program. As a result, the mayor announced that 
he would carry out the SAC recommendations. He 
held a series of neighborhood meetings throughout 
the ghetto where he heard first hand of the con- 
cerns of black residents. 

The mayor then acted to redress those 
grievances within his jurisdiction and maintained 
communication with the black residents of the 
inner city. The city manager applied for Federal 
funds for a 12-month study to develop a police- 
community relations program, which is still in ex- 
istence. 

Metropolitan Housing Desegregation 

In August 1966, the Chicago Freedom Move- 
ment, under the leadership of Dr. Martin Luther 
King, Jr., began a series of neighborhood marches 
to real estate offices in an effort to dramatize 
housing discrimination in Chicago. As a communi- 
ty crisis developed, negotiations were begun 
between Mayor Daley and the Chicago Freedom 
Movement. During these negotiations, the move- 
ment asked Commission staff to serve in a consult- 
ing role regarding Federal aspects of the problems 
under discussion. 

These negotiations resulted in a series of agree- 
ments between the Chicago Freedom Movement 
and Chicago's business, industrial, labor, govern- 



mental, and religious leaders. To implement the 
agreements, the leaders of the metropolitan area 
formed a new organization called the Leadership 
Council for Metropolitan Open Communities. 

As the leadership council was being formed, the 
Illinois Advisory Committee prepared a pamphlet 
on how Federal programs and nondiscrimination 
requirements could best be used to promote 
metropolitan housing desegregation. In the form of 
a proposal to the Commission, the pamphlet, enti- 
tled, "Aids for Metropolitan Housing Desegrega- 
tion," was sent to all members of the leadership 
council and became the major focus of the coun- 
cil's initial programming. It is still being used by 
local fair housing groups. 

The Cairo Project 

During 2 days of public hearings in 1966, the Il- 
linois Advisory Committee heard reports of 
economic and racial problems in Cairo. Witnesses 
alleged that the Cairo Police Department dis- 
criminated against blacks and had beaten a black 
deputy sheriff who had arrested a white man. 
Others testified that public housing in Cairo was 
operated on a completely segregated basis, that 
the city and surrounding Alexander County 
refused to hire blacks except for menial and jani- 
torial positions, and that schools were completely 
segregated, one with all white students and faculty 
and one with all black students and faculty. 

At the completion of the informal hearing, the 
Advisory Committee concluded that there was 
evidence indicating local. State, and Federal agen- 
cies had joined in maintaining racial discrimination 
and economic depression and that various agencies 
were deeply involved in violating the civil rights of 
individual black residents of Cairo. Worse, the Ad- 
visory Committee concluded, government pro- 
grams set up to end discrimination "have failed in 
the past, are failing at present, and most impor- 
tant, are threatening to fail in the future." 

In the following year (1967), Cairo erupted into 
a racial war which, during the next 5 years, was to 
make the city the subject of national attention. 
Blacks and whites shot at each other nightly in the 
streets. A New York Times reporter speculated that 
Cairo might be a vision of the future of America. 

In the spring of 1972, the U.S. Commission on 
Civil Rights held a 3-day hearing in Cairo "after 
the outward manifestations of racial hostility had 



58 



abated," in order to look at the underlying causes 
of racial strife, to determine how to prevent the 
recurrence of the violence that had filled the past 
5 years, and to measure the effectiveness of those 
individuals and agencies attempting to deal with 
the issues. 

After its hearing the Commission issued a report 
entitled, Cairo, Illinois: A Symbol of Racial 
Polarization, which listed 19 specific recommenda- 
tions to local. State, and Federal officials to 
eliminate the racial discrimination and economic 
depression that the Commission had found. 

In 1974 the Illinois Advisory Committee sent 
Commission staff to Cairo to measure again the ra- 
cial and economic conditions of the city as a fol- 
lowup to the Commission's recommendations. The 
Advisory Committee also held 2 days of informal 
hearings to document the actions taken by those 
local. State, and Federal agencies to whom the 
Commission had made special recommendations. 
The Advisory Committee's findings were sum- 
marized in a report, A Decade of Waiting in Cairo, 
released in June 1975. 

Bilingual Project 

The Illinois Advisory Committee strongly be- 
lieves that a systemwide program of bilingual- 
biculturai education should be instituted in the 
Chicago schools. The program should serve all 
Hispanics and others who want to participate and 
should be accompanied by the elimination of all 
cultural and linguistic discrimination throughout 
the system's operations. 

On July 1, 1976, Public Act 78-727 went into 
effect in Illinois making bilingual-bicultural educa- 
tion mandatory in all schools having 20 or more 
students whose first language is not English. The 
proper enforcement of this should lead to the 
establishment of programs which honor the rights 
of Hispanics to an education. However, this has 
not happened. 

In April 1976 the Advisory Committee released 
Equal Education: A Right, a handbook in English 
and Spanish for parents and community leaders on 
the Illinois Transitional Bilingual Education Act. 

Equal Rights Amendment 

The Illinois State Senate voted against ratifica- 
tion of the ERA in December 1976. Some senators 
suggested that the amendment was not in the best 



interests of women. Others indicated that the ERA 
was not favored by their districts, so passage was 
not in their political interest. Ratification was 
voted down again in 1977. 

Unfinished Business 
School Desegregation 

School desegregation remains one of the major 
unfinished items of business for the Illinois Adviso- 
ry Committee. On July 5, 1977, a Kane County 
Circuit Court judge issued a temporary restraining 
order barring the Illinois Board of Education from 
placing Aurora East School District 1 3 1 on proba- 
tion for failure to submit an acceptable student 
desegregation plan. 

Chief Circuit Court Judge Ernest W. Akemann 
in Geneva issued the order after the Aurora East 
School Board filed a lawsuit challenging the legali- 
ty of State desegregation guidelines and enforce- 
ment regulations. 

The lawsuit represents the first time a local 
school district has challenged the State's 
desegregation regulations, according to an Illinois 
Office of Education spokesperson. 

In Chicago the education subcommittee of the 
Illinois Advisory Committee met with HEW's Of- 
fice for Civil Rights staff studying discrimination in 
staffing and in bilingual-bicultural programs in the 
Chicago school system. The Committee was con- 
cerned with segregation of students in the school 
system and contacted State and Federal agencies 
to express this concern. The education subcommit- 
tee has been monitoring the development of the 
desegregation plan, and met in April 1977 with the 
consultant responsible for the plan's development. 

School desegregation has been and will continue 
to be a focus of civil rights activities in Illinois. In 
several communities including Chicago, it remains 
to be seen whether or not adequate desegregation 
plans will be implemented. 

Humboldt Park-West Town 

The violence and rioting that erupted on June 4, 
1977, in a Puerto Rican neighborhood in Chicago 
left death and destruction in their wake. The 
events in the Humboldt Park-Division Street area 
of Northwest Chicago, known as West Town, are 
reminiscent of those involving Puerto Ricans in 
Newark in 1972 and, tragically, in the same area 



59 



of Chicago in 1966. The specific facts of the latest 
explosion remain unclear. 

The Civil Rights Commission has instructed its 
Midwestern Regional Office and requested its Il- 
linois Advisory Committee to monitor closely the 
situation in Chicago. 

The failure of the Illinois Legislature to ratify 
the ERA and the violence which erupted in Hum- 
boldt Park indicate continuing insensitivity on the 
part of leaders in the public and private sectors to 
many concerns of women and minorities. The Il- 
linois Advisory Committee and the Midwestern 
Regional Office of the Commission will continue 
to work with civil rights organizations throughout 
the State to address these concerns. 

Illinois Advisory Committee 
Members 

Theresa Faith Cumming, Acting Chairperson 

Philip Ayala 

Edward B. Beis 

Olga E. Garcia 

Sophia H. Hall 

Bok-Lim C. Kim 

Henry H. Rubin 

Cornelius E. Toole 

William R. Ireland 

John Bleveans 

Ruben I. Cruz 

Preston E. Ewing 

lona D. Hendricks 

Shirley J. McCoUum 

J. Thomas Pugh 

Carl G. Uchtmann 

Harry W. Sephus 

Maria T. Davila 



60 



Indiana 



The population of Indiana grew from 4,662,498 
in 1960 to 5,193,699 in 1970, an 11.4 percent in- 
crease. The growth included a 15.9 percent in- 
crease in the urban population. More than half the 
population of Indiana is female. The minority 
population is approximately 7 percent. The capital 
city of Indianapolis, with a population of 746,302, 
is the largest city, and has a minority population 
of approximately 20 percent. 

In 1961 the Indiana State Legislature passed a 
law which authorized the State government to get 
officially involved in civil rights. The law included 
a provision to establish State and local civil rights 
commissions, which were subsequently created. 

Some of the pressing civil rights problems facing 
Indiana today are the same as those of the 1960s: 
equal access to employment, equality of education, 
school desegregation, adequate housing for low- 
and moderate-income families, inmate rights, and, 
in general, the lack of enforcement of laws that 
protect civil rights. 

Civil Rights Developments 

In the early and late 1960s many local commis- 
sions in Indiana were trying to respond to poverty, 
racism, and injustice by working on problems in 
housing, education, public accommodations, po- 
lice-community relations, and related areas. Some 
initiatives saw progress, others did not. For exam- 
ple, in Fort Wayne, between 1960 and 1969 the 
local commission worked to increase employment 
opportunities, to get a strong, effective antidis- 
crimination ordinance passed by the city council, 
and for integrated education. However, many of 
the programs advocated by the Fort Wayne Com- 
mission and other groups interested in human 
rights were not put into effect. 

There has been change for the better in civil 
rights laws. Recently, the Michigan City (Indiana) 
human rights ordinance was revised and expanded. 
The new ordinance outlaws discrimination in em- 
ployment, housing, education, and public accom- 
modations based on race, religion, color, age, sex, 
national origin, ancestry, handicap, or relationship. 



The Indiana commission is responsible for the 
elimination of discrimination in the State and con- 
tinues to direct its efforts toward resolving com- 
plaints. In 1973, 92.7 percent of its caseload was 
in the area of employment. In the same year most 
complaints received by local commissions con- 
cerned employment, housing, and public accom- 
modations. The same pattern of local concerns 
was documented again in 1975 and 1976. 

The needs of migrant workers include farm- 
worker legislation, decent housing, quality bilin- 
gual-bicultural education, and health services, and 
constitute a civil rights issue of growing interest to 
Indianians. 

The Indiana Advisory Committee has focused 
attention on welfare problems in Gary, student 
friction and racial unrest in Muncie, racial condi- 
tions in Indiana penal institutions, the plight of 
migrants in the State, reports of Ku Klux Klan ac- 
tivity in a major plant in Marion, status of the 
ERA in the State, bilingual-bicultural education in 
Lake County, and desegregation and educational 
opportunity in Fort Wayne. 

Equal Employment Opportunity 

Some workers have made gains under EEOC 
guidelines, but there are still unresolved cases such 
as that of Movement for Opportunity and Equality, 
et al. V. Detroit Diesel Allison Division, General 
Motors Corporation, et al. 

The Movement is an organization of black wor- 
kers, individual black employees, and former em- 
ployees of Allison whose aim is to end employ- 
ment discrimination in Indianapolis. The suit was 
brought as a class action against Allison, the Inter- 
national UAW, and UAW Local 933, alleging a 
wide class of discriminatory practices. The suit 
also charges harassment and retaliation for the fil- 
ing of charges with EEOC. 

Equal Rights Amendment 

The Indiana Legislature ratified the Equal Rights 
Amendment in January after intense pressure from 
all sides of the issue, including a statement of sup- 
port from the Indiana Advisory Committee. 



61 



Migrants 

In April 1975 the Indiana Advisory Committee 
issued a report, Indiana Migrants: Blighted Hopes, 
Slighted Rights, which included a number of con- 
clusions and recommendations regarding the equal 
protection of the rights of migrants and the im- 
provement of migrant legislation (including crew 
leader registration, minimum wage, and worker's 
compensation). 

As a foUowup to this report, a migrant mobiliza- 
tion conference was held and specific action 
proposals were undertaken by the more than 1 30 
participants. 

A Governor's task force was formed with 
representatives of the migrant workers, migrant 
advocacy groups, members of State government 
agencies, and other interested individuals. One 
basis for forming the task force was the Indiana 
Advisory Committee report. The task force was di- 
vided into committees to deal with problems cited 
in the report — employment, education, health, 
housing, and welfare. 

In September 1976 the State Migrant Action 
Conference (SMAC) went on record as supporting 
the organizing efforts of the Farm Labor Organiz- 
ing Committee (FLOC). SMAC had been formed 
in response to the migrant report issued by the 
Advisory Committee. 

An Indiana Farmworker Legislative Coalition 
has been formed to introduce and pass needed 
legislation in the State. The coalition advocates: 

• Coverage of migrant workers in workmen's 
compensation; 

• Legislation mandating that wages of workers 
be paid to them in full within 15 days of em- 
ployment; 

• Legislation requiring the State board of 
health to license residences in migrant camps by 
March; and 

• Coverage of farm workers under the Occupa- 
tional Disease Act. 

Unfinished Business 
School Desegregation 

The Indiana constitution places the common 
school under the direct control and supervision of 
the State. Many Indiana school systems are rot 
desegregated but are in the process of desegregat- 
ing, including Evansville, Kokomo, Hammond, 



Fort Wayne, and Indianapolis. The Advisory Com- 
mittee has called upon the Federal Government 
and the school system of Fort Wayne to complete 
the desegregation process. 

Indianapolis, which has the largest school 
system, is involved in a pending Federal court case 
regarding school desegregation. The education 
committee of the human relations task force of the 
Greater Indianapolis Progress Committee was 
created by the mayor's office to deal with issues of 
school desegregation. 

The U.S. Supreme Court vacated and remanded 
for further consideration the Seventh Circuit Court 
of Appeals imposition of an interdistrict desegrega- 
tion plan in Bowen v. U.S. and Companion Cases. 
The lower court found two constitutional viola- 
tions: ( 1 ) the failure of the State to extend the 
boundaries of the Indianapolis Public School Dis- 
trict when the municipal government of Indi- 
anapolis and other governmental units in Marion 
County were replaced by a countywide govern- 
ment called Uni-Gov; and (2) the confinement of 
all public housing projects (in which 98 percent of 
the residents are black) to areas within the boun- 
daries of the city of Indianapolis. According to the 
Supreme Court, however, there was no evidence 
of segregative intent, as Washington v. Davis 
requires, in either the failure to make the school 
boundaries concurrent with Uni-Gov boundaries or 
in the placement of public housing. 

The burden of the plaintiffs is now to show that 
the two actions cited above, which clearly have 
made a substantial contribution to interdistrict 
segregation, were racially motivated. 

In Indianapolis, legislation voiding the automatic 
extension of school boundaries upon the extension 
of city boundaries was enacted almost simultane- 
ously with Uni-Gov — both after the school 
desegregation suit had begun. 

Although Indianapolis had authority to construct 
housing projects within 5 miles of the boundaries 
of the city, all have been built within city limits. 
While there are 3,000 applications pending for 
public housing, none has been built since 1969. It 
remains to be seen whether or not such evidence 
will be accepted by the Supreme Court as proof of 
discriminatory intent and whether or not the in- 
terdistrict plan will be upheld. 



62 

Civil Rights for the Handicapped 

The 1975 Indiana General Assembly amended 
Indiana's civil rights law to include coverage of 
discrimination against the handicapped in employ- 
ment, education, housing, public accommodations, 
and extension of credit. The legislative council 
estimated that it would cost $75,000 to implement 
this amendment. No money, however, was ear- 
marked for this purpose. 

Many of the problems related to civil rights for 
minorities and women affect the lives of all people 
of Indiana. State and local government units have 
crucial roles in providing solutions to the problems 
in employment, housing, education, and the ad- 
ministration of justice. The need still exists for the 
desegregation of all schools and for equality of op- 
portunity for jobs and housing. The civil rights of 
many are still abused in Indiana even though there 
have been changes over the years. 

Indiana Advisory Committee 
Members 

Harriette B. Conn, Chairperson 

Donna Bucove 

Lotte Meyerson 

Charles B. Redd 

Thomas W. Binford 

Jeanne F. Mays 

Richardo Parra 



Iowa 



63 



Iowa, the "Hawkeye State," had a 1970 popula- 
tion of 2,884,000—1.1 percent black, 0.8 percent 
Hispanic, and 0". 1 percent American Indian. Its 
capital and largest city, Des Moines, is the prin- 
cipal center of the State's minority population. 
There are also substantial black communities in 
Waterloo, Davenport, Cedar Rapids, and Sioux 
City. There are substantial Hispanic communities 
in and around Muscatine, Mason City, and the 
Shenandoah Valley area as well as in Des Moines. 
American Indians are concentrated principally in 
Sioux City, Des Moines, and the settlement at 
Tama. 

While genuine civil rights progress has been re- 
gistered in areas such as education, there is 
general apathy and insensitivity to other minority 
concerns. Given the small minority population, 
whites feel little threatened by the inclusion of 
minorities in certain social settings. For example, 
in a recent battle with the International Order of 
the Rainbow, the Indianola branch insisted on 
granting membership to a black girl and received 
strong support nationally and throughout the State. 
More substantive questions, however, such as em- 
ployment and training opportunities continue to go 
unnoticed. 

Civil Rights Developments 

Davenport and Waterloo experienced the most 
visible disruptions in the late 1960s. In Davenport 
the primary issues have been police-community 
relations and education. The city has not ad- 
dressed either problem successfully, so that 
disturbances continue to surface. In March 1977 
the city was sued by the National Committee 
Against Discrimination in Housing for alleged 
violation of the Housing and Community Develop- 
ment Act. 

In Waterloo a major demonstration which lasted 
3 months occurred in 1968. What began as a stu- 
dent protest at the high school soon spread to a 
broader expression of the black community's 
discontent over job discrimination, urban renewal, 
and police behavior. 



Waterloo has given more serious attention to its 
civil rights problems, however, than has Daven- 
port. Finding that the city's notoriety during the 
1960s had adversely affected recruitment of new 
industry, a group of business leaders attempted to 
improve interaction with the black community. 
Minority hiring improved and police-community 
dialogue was promoted. Under the Federal 236 
program, the local chamber of commerce spon- 
sored a 100-unit housing project, a nationally 
unique phenomenon. And despite a strong antibus- 
ing group which elected a near majority to the 
school board, Waterloo peacefully implemented a 
school desegregation plan. No millennium has 
been reached. Blacks still point out that civic 
needs — for example, the new convention 
center— take precedence over the black communi- 
ty's needs, but the city is working to improve its 
services to minorities. 

Des Moines, Marshalltown, and Knoxville suf- 
fered some minor violence after the assassination 
of Dr. Martin Luther King, Jr., in April 1968. For 
the most part, however, the black communities are 
so small and politically powerless that they seem 
to be nearly invisible. 

Employment 

Job discrimination, outlawed in most sectors by 
the 1964 Civil Rights Act, is investigated prin- 
cipally by the U.S. Equal Employment Opportunity 
Commission, Iowa Civil Rights Commission, and 
local human rights commissions in major Iowa ci- 
ties. The large volume of complaints filed with the 
State commission in 1975 alone indicates that 
many minorities and women perceive working con- 
ditions, hiring, and promotions to be based on 
other than objective standards. 

The complaints have alleged discrimination in 
virtually all sectors of the economy: the State em- 
ployment service (in filling job orders), craft 
unions (excluding minorities), industrial unions 
(failing to represent minority and female workers 
adequately), and employers. Public employers 
such as the cities of Davenport, Des Moines, At- 



64 



lantic, and Keokuk and school districts in Cedar 
Rapids and Johnston Community have been found 
by the Iowa Civil Rights Commission to have dis- 
criminated against employees. Many of the com- 
mission's decisions have been upheld by the Iowa 
Supreme Court. 

In March 1977 the Iowa Advisory Committee 
decided to examine operations of the Comprehen- 
sive Employment and Training Act (CETA) as 
they affect minorities and women in the Greater 
Des Moines area. At an informal hearing June 
15-16, 1977, the Advisory Committee heard 
charges that the CETA program nationally has 
given decidedly less assistance to the low-income 
unemployed than programs under the Manpower 
Development and Training Act (MDTA) and the 
Comprehensive Employment Program (CEP). 
White males appear to have been the primary 
beneficiaries of the current act. 

In Des Moines, minorities complained that the 
training centers were not conveniently located to 
the inner-city residences and that public service 
jobs were not assigned equitably to minority- 
oriented service agencies. The program's prime 
sponsor. Central Iowa Regional Association of 
Local Governments, has made a complete 
housecleaning of its staff. The new leadership has 
committed itself to operating facilities in minority 
neighborhoods and has improved its own minority 
staff composition. 

Administration of Justice 

The Iowa Legislature has committed itself to a 
system of community-based correctional facilities, 
maximizing alternatives to imprisonment whenever 
feasible. A citizen panel, jointly appointed by the 
legislature, the Governor, and the State supreme 
court, reported that lower recidivism and im- 
proved cost ratios could be expected from expand- 
ing the program of community treatment centers 
while deemphasizing institutions. Currently Polk 
County (Des Moines) is considering a site for a 
new community correctional facility. Throughout 
Iowa, however, resistance to the idea from 
prospective neighbors has hampered site selection 
for community-based correctional facilities. 

Iowa's current policy of community-based facili- 
ties has many advantages for minorities. Minority 
hiring will be more likely in urban centers than in 
the traditional rural prison "fortress" sites. Inmates 



will be housed closer to relatives and will have 
better work release and medical care opportuni- 
ties. 

Police-community relations have been relatively 
good in much of the State. A grand jury found 
that relations were poor between the Webster 
County Sheriff's Department and the black com- 
munity of Fort Dodge. At the city's request, the 
Iowa Crime Commission conducted a field in- 
vestigation there in May 1977. 

The Advisory Committee has noted that in ju- 
risdictions with substantial Hispanic and migrant 
populations, the police have not hired sufficient 
Spanish-speaking officers, nor have they provided 
Anglo officers with an understanding of Hispanic 
cultural differences so that police will be more 
sensitive toward this group. 

Housing 

Discrimination against minorities in public and 
private housing was reported by the Advisory 
Committee in a 1964 study of Des Moines, Water- 
loo, and Sioux City. As early as 1969 there were 
cases of housing discrimination being brought be- 
fore the Iowa Civil Rights Commission. 

In 1972 the State civil rights commission found 
that Hawkeye Realty, Inc., of Cedar Rapids was 
using "Choose Your Neighbor" cards which had 
the effect of allowing the community to exclude 
minorities. Although complaints have been filed 
regularly since then, no significant decisions have 
been rendered. 

In 1971 the Iowa Advisory Committee's study of 
problems in Waterloo revealed that minorities had 
been displaced by urban renewal projects and 
were being steered into deteriorating sections on 
the East Side. Stimulated by the Advisory Commit- 
tee's community meeting in July 1975, a citizens' 
group led by Rev. Joseph Pagan successfully per- 
suaded the mayor and city council to devote 
Federal housing funds to neighborhood conserva- 
tion. The group also obtained commitments of $7 
million in inner-city mortgage loans from Waterloo 
lenders. 

In Fort Dodge the Advisory Committee found 
that certain public services normally provided in 
the white portions of town were not made availa- 
ble to the town's black community. While the area 
has been rehabilitated somewhat through commu- 
nity development funds, a large chasm still exists 



65 



between the white and black sections of Fort 
Dodge. 

In Muscatine the Advisory Committee found 
that Hispanic migrant workers could not get 
decent accommodations because of the acute 
shortage of housing. Efforts are still being made by 
the Advisory Committee to persuade the commu- 
nity to provide housing suitable for low-income 
families. 

In Davenport minority residents were outraged 
when the city sought to use the bulk of its Federal 
community development funds in affluent white 
neighborhoods, most notably to build tennis 
courts. The case was so blatant that the National 
Committee Against Discrimination in Housing 
brought suit. A consent decree was obtained in 
March 1977, whereby the city agreed to allocate 
significant funds to low-income areas, specifically 
minority neighborhoods. 

Education 

The Iowa Department of Public Instruction 
(DPI) has become more active in the pursuit of 
equal educational opportunities. On May 20, 1971, 
the State board of public instruction adopted a 
policy statement on "Nondiscrimination in Iowa 
schools." It was reaffirmed on November 9, 1972, 
and guidelines for implementation were specified. 
The board has also issued guides on affirmative ac- 
tion and multicultural, nonsexist curricula. The 
progress of Iowa's public school districts towards 
desegregation can be attributed largely to these ef- 
forts. The State legislature passed a 1977 law 
calling for all teachers to take human relations 
training in order to be certified. 

In 1976 the department reviewed the desegrega- 
tion efforts of Cedar Rapids, Davenport, Des 
Moines, Mason City, Sioux City, South Tama, and 
Waterloo. The Advisory Committee also reviewed 
Waterloo as part of a 1976 school desegregation 
study. 

Cedar Rapids must desegregate Tyler Elementa- 
ry School over a 3-year period. To do so it intends 
to establish a magnet school there, focusing on the 
needs of undisciplined students. The program is 
voluntary and the staff of the department of public 
instruction intends to monitor it closely. 

Davenport has a long history of segregated 
schools. In March 1976 it established an indepen- 
dent citizens' committee to make recommenda- 



tions. However, in spring 1977 the board of educa- 
tion refused to act to desegregate the schools, 
claiming it could not do so without a unanimous 
decision. The failure of Davenport's board of edu- 
cation to address the problem of racial imbalance 
has caused that issue to reach a crisis point. The 
Iowa Board of Public Instruction has referred the 
matter to the Office for Civil Rights at HEW. 

In 1974 Des Moines began efforts to 
desegregate its schools. These were voluntary and 
included a voluntary transfer program, a shared 
activities program, magnet schools, pupil assign- 
ment limitations, an affirmative action program, 
curriculum development, staff development, better 
school-community relations, and a bilingual-bicul- 
tural education program. At the insistence of 
HEW, the district developed a comprehensive 
desegregation program which included closing, 
pairing, and clustering. This is to be attempted on 
a voluntary basis in 1977-78. If voluntary efforts 
fail, compulsion is to be used in 1978-79. 

Mason City operated one school in which 
minorities were isolated. As of 1976 only volunta- 
ry efforts were being used to desegregate it. The 
Iowa Department of Public Instruction called for 
increased monitoring of these voluntary efforts; a 
comprehensive inservice program in multicultural, 
nonsexist education and human relations; and 
desegregation of curricula. The district was com- 
mended for developing a excellent affirmative ac- 
tion plan and was urged to implement the plan. 

Sioux City is taking minimal steps to desegregate 
the one racially isolated school in the district. DPI 
believes that further efforts will be needed to 
completely desegregate the facility. The district is 
beginning to develop an affirmative action strategy 
based on a 1974 plan. 

Waterloo's schools are the subject of a U.S. 
Commission on Civil Rights monograph. Beginning 
in 1972 high school boundaries were realigned, 
and in 1973 a comprehensive school desegregation 
program was developed and implemented. This has 
proved successful although continued adjustments 
are necessary, and it is a dramatic change from the 
situation reviewed by the Advisory Committee in 
1971. 

In Fort Dodge, school desegregation was accom- 
plished by closing the predominantly black 
Pleasant Valley school. While this put a major bur- 
den on the black children, the black community 



66 



cooperated fully. Minority faculty have been hired, 
and their positive influence is reflected in larger 
numbers of black graduates from Fort Dodge High 
School. 

Farmworkers and Others 

About 3,000 Chicano migrant farmworkers pass 
through Iowa annually. They work in the tomato 
and onion fields of southeastern Iowa and the 
sugar beet and asparagus fields of north central 
Iowa. The bulk of Hispanic lowans, however, are 
third- or fourth-generation residents of Des 
Moines, Davenport, Bettendorf, Fort Madison, 
Burlington, Mason City, Cedar Rapids, Sioux City, 
Council Bluffs, and Muscatine. 

The League of United Latin American Citizens 
(LULAC), the G.I. Forum, and the Latino Politi- 
cal Alliance of Iowa are active in the State. The 
Muscatine Migrant Committee serves the health 
needs of migrants in a four-county area. But the 
primary organization serving Hispanic migrants is 
the Migrant Action Program, headquartered in 
Mason City. It provides health and welfare services 
to migrants and settled-out migrants in the State. 
Although the bulk of the Hispanic population is of 
Mexican heritage, there are smaller numbers of 
Spanish, Puerto Ricans, Cubans, and South Amer- 
icans. Many are in need of bilingual-bicultural 
educational facilities and assistance in transition 
from agrarian to industrial employment. 

The Iowa Advisory Committee first addressed 
the problems of Hispanic migrant farmworkers in 
its 1970 study, Where Do We Go From Here? It 
published a second study. How Far Have We 
Come?, in 1976. Both reports revealed that State 
agencies with responsibility for wages, hours, and 
working conditions have not enforced legally man- 
dated minimum conditions for the farmworkers. 

As a consequence of these reports, some change 
is beginning to take place at the local level. More 
important, various churches and organizations con- 
cerned with Hispanic problems have joined 
together to push for adequate State action, both 
legislative and administrative. Partly in response to 
the State Advisory Committee, the Iowa General 
Assembly created the Iowa Spanish-Speaking Peo- 
ples Commission to focus on problems of 
Hispanics in Iowa. 



American Indians in Iowa 

The American Indian population of Iowa is con- 
centrated in Sioux City, Des Moines, and the cen- 
tral Iowa city of Tama. The settlement of Tama 
has not received reservation status, but it suffers 
many of the disadvantages of a reservation. Litiga- 
tion is still pending over the legal status of the 
trust area of the Mesquakie tribe at the Tama set- 
tlement. The State has assumed civil jurisdiction 
within the tribal lands, although there is some 
question whether the tribe ever actually sur- 
rendered it. 

Indians still have to fight for their right to public 
accommodations. In Jefferson v. Gaslight (1974) 
the courts required a local bar to open its doors 
to Indians who wished to be served. 

Although Federal and State policies have en- 
couraged assimilation, urban Indian centers find 
they do not have the support they require to assist 
Indians in the transition to the predominantly 
white culture of the larger cities. 

Women 

Iowa ratified the Equal Rights Amendment in 
1972. Attempts to rescind this ratification have 
been unsuccessful. 

The Governor has taken positive action to aid 
women. Iowa has one of the highest proportions of 
women on State boards and commissions in the 
Nation. However, many women continue to be ex- 
cluded from nontraditional union jobs. The extent 
of this has been reported by the Iowa Commission 
on the Status of Women in a study, Underemploy- 
ment and Underutilization of Women in Iowa 
(1976). The battered wife problem is only now 
beginning to be studied. Divorce legislation still 
favors men and ignores the contributions of 
women to the family income. So far efforts by 
women's groups to correct this have been only 
partially successful. For example, homemakers still 
find it impossible to get disability insurance, 
despite economic losses to their families. 

Civil Rights Enforcement 

The Iowa Civil Rights Commission was 
established under the Iowa Civil Rights Act of 
1965. Its original jurisdiction included discrimina- 
tion in employment and public accommodations 
based on race, creed, color, religion, or national 
origin. In 1967 housing was added to its mandate 



67 



and in 1970 sex and age. Also in 1970 the com- 
mission acquired injunctive and subpena powers. 
Disability was added to its jurisdiction in 1972. 

The State commission has been concerned with 
complaints about discrimination in craft unions 
(especially the ironworkers), the role of the indus- 
trial unions, and discrimination in housing. 
Recently it studied discrimination in the rental 
housing market. It ,has also engaged in a variety of 
educational functions to promote equal opportuni- 
ty- 

In addition to the Iowa Civil Rights Commission 
and the Spanish-Speaking Peoples Commission, 
the Iowa General Assembly established a statutory 
State commission on the status of women which 
conducts research to describe the extent of dis- 
crimination against women in all aspects of life. 

Unfinished Business 

Outside the Des Moines area are small but sig- 
nificant minority communities in the medium-sized 
cities of Waterloo, Fort Dodge, and Davenport. 
These communities face a multitude of problems 
in housing, education, and employment. While the 
Advisory Committee has devoted considerable at- 
tention to the first two communities, Davenport 
has not yet been addressed. 

Many of the problems in the smaller cities and 
in Des Moines involve the use of Federal funds. 
The Advisory Committee's study of CETA is a 
first step in a comprehensive review of the extent 
to which Federal funds have failed to end 
economic discrimination against minorities and 
women. Other CETA programs and other block 
grant programs will be reviewed by the Iowa Ad- 
visory Committee to assess the effectiveness of the 
Federal funding as an aid to the disadvantaged. 



Iowa Advisory Committee 
Members 

Peg Anderson, Chairperson 
Harold E. Butz 
Allen J. Carrell 
John M. Ely, Jr. 
John M. Estes, Jr. 
Signi Falk 
Lee B. Furgerson 
William E. Gluba 
Louise H. Goldman 
Carol A. Kramer 
Raymond R. Leal 
Naomi S. Mercer 
Stephanie L. Michael 
Irene Munoz 
Paula S. Schaedlich 
Joanne D. Soper 
Mose Waldinger 
Robert A. Wright 



68 



Kansas 



Kansas, the "Sunflower State," has a population 
of 2,268,000 of which 4.7 percent is black, 2.1 
percent is Hispanic, and 0.4 percent is American 
Indian. Wichita, in south central Kansas, is the lar- 
gest city, followed by Kansas City, Kansas, and the 
State's capital, Topeka. Most of the black popula- 
tion in the State resides in Wichita, Kansas City, 
and Topeka. Many black Kansans are third 
generation residents, having moved there as part 
of the Exoduster movement of the late 1870s. 

Although Kansas has a history of opposition to 
slavery and welcome for the ex-slave, its more 
recent past reflects national patterns of discrimina- 
tion. After the close of Reconstruction, segrega- 
tion laws were introduced. Segregated schools 
were tolerated and then mandated, and by the 
1920s segregation in Kansas was as complete as in 
nearby Missouri. The landmark Brown v. Board of 
Education case actually began in suburban Johnson 
County and was then consolidated with Topeka. 
Today both areas are still segregated in fact. 

Civil Rights Developments 

The summers of 1967 and 1968 saw violence in 
the two large urban centers of Kansas. In 1967 
firebombings, stone-throwing, and numerous 
clashes between police and black youths in 
Wichita centered around complaints of inadequate 
recreational facilities and job opportunities. There 
was discussion of change, but no significant 
change occurred. 

In 1968 a Kansas City, Kansas, organization 
called the Sons and Daughters of Malcolm (later 
to become a Black Panther chapter) organized a 
march from the black community to city hall in 
memory of Dr. Martin Luther King, Jr. Some 
violence resulted. 

Lawrence, home of the University of Kansas, ex- 
perienced demonstrations in 1969 and 1970 cen- 
tered around the failure of the public schools to 
introduce black studies and alleged unfair 
disciplining of minority students. In 1970 a black 
youth was shot dead during one of these demon- 
strations. Relations are much calmer now. 



Employment 

While many complaints of racial discrimination 
have been settled by the Kansas Commission on 
Civil Rights, the most significant recent case in- 
volved the Kansas City, Kansas, Board of Public 
Utilities. A black male discharged for posting arti- 
cles on black affairs and discrimination on a 
noticeboard obtained a judgment of unlawful dis- 
crimination because the board had allowed whites 
to post notices. The employee won cash compen- 
sation totaling $185,000 for himself and 150 other 
past or present employees of the board as well as 
reinstatement for himself with no loss of seniority. 
The commission's award has been upheld by the 
courts. 

Other significant cases include a 1976 settle- 
ment in Scott V. Western Electric which resulted in 
a 108 percent payment for two plaintiffs in excess 
of $21,000, and conciliation of a sex discrimina- 
tion complaint with the University of Kansas which 
resulted in a comprehensive agreement to end sex 
discrimination on campus. 

Investigations of discriminatory patterns by the 
Kansas Commission on Civil Rights resulted in 
conciliation agreements with the Independence 
School District, city of Independence, Kansas City, 
city of Lawrence, General Motors Corporation, 
and the University of Kansas. The Kansas Advisory 
Committee is completing its study of the State's af- 
firmative action efforts. 

Prisons and Police 

In December 1974 the Advisory Committee 
published a report. Inmate Rights and the Kansas 
State Prison System, which documented the 
strengths and weaknesses of the system and called 
for the creation of an office of prison ombudsman. 
A corrections ombudsman was appointed in Sep- 
tember 1975, and his work has resulted in in- 
creased institutional response to inmate concerns. 
The Advisory Committee also studied conditions 
at the Federal penitentiary in Leavenworth and re- 
ported its findings to the U.S. Commission on Civil 
Rights. 



69 



After issuing the report, the Advisory Commit- 
tee met several times with the Governor, the 
secretary of corrections, and their representatives 
to voice concern about the lack of effective 
minority hiring. The Advisory Committee also 
wrote to the Law Enforcement Assistance Ad- 
ministration urging the curtailment of Federal 
funds pending an investigation of the department's 
affirmative action efforts. While the investigation 
has yet to be made, the move did provide en- 
couragement to the department to appoint a full- 
time affirmative action officer. Since then minority 
recruitment has been initiated with measurable 
success. The problem now is one of effective train- 
ing, retention, and promotion of minority person- 
nel. 

In September 1977 the Advisory Committee 
held a State conference, called "Prisons, Politics, 
and Fiscal Pressures." In addition to discussing 
programs undertaken and persistent problems, the 
conference focused on the department's plan to 
build medium security facilities and develop com- 
munity-based corrections programs as Iowa and 
Minnesota have done. 

Jail facilities around the State have received 
critical review and jail standards have been 
established. Two annual inspections have been 
made resulting in improvements and a few clos- 
ings. Many counties have resisted the secretary of 
corrections' authority to close jails, resulting in 
legislative action to remove this authority. Many of 
the urban county jails were antiquated, un- 
derstaffed, and ripe for regional consolidation. 
Facilities for women, including the State prison, 
are generally shortchanged in terms of programs 
and accommodations. 

Police-community relations, a major issue in the 
1960s, have achieved less notoriety in the past few 
years. Independence, Kansas, has had some serious 
problems between minorities and police 
throughout the 1970s. Reports of police harass- 
ment and arrests of minority youths are on the in- 
crease, especially in Wichita. A 1977 bill that 
would have brought local police departments 
under the review of the Kansas Commission on 
Civil Rights was defeated in the legislature after 
strong opposition lobbying by police organizations. 
The same legislature turned down a bill that would 
have restored capital punishment. 



Housing 

Redlining remains a problem in Kansas. The 
U.S. Comptroller of the Currency reports that in 
Topeka blacks are three times as likely as whites 
to be refused mortgages. The complexities of the 
redlining process prevent minorities from taking 
effective action to counter it. 

Many housing complaints have been filed with 
the Kansas Commission on Civil Rights and dis- 
crimination by both public and private providers 
has been noted in formal judgments. 

Mortgage lending practices, combined with al- 
leged steering practices — showing black 
homebuyers or renters properties only in black 
areas — have crippled the 1968 Fair Housing Act 
provisions. While a few of the Johnson County 
suburbs have passed open housing ordinances, 
these remain largely symbolic in the face of ex- 
traordinarily high housing costs which serve to 
block minority residency. In view of the outstand- 
ing economic development occurring there — the 
highest growth rate in the State — such exclusiona- 
ry housing barriers are particularly reprehensible. 

The Kansas and Missouri Advisory Committees 
reviewed the problem in their report Balanced 
Housing Development in Greater Kansas City. They 
found that real estate practices (such as large 
firms' limiting their service to affluent white com- 
munities), mortgage lending practices (redlining), 
and governmental actions (exclusionary zoning, 
refusal to allow public housing developments) 
have effectively concentrated about 98 percent of 
the area's minorities into central cities. The Ad- 
visory Committees called for a fair share housing 
allocation plan for the metropolitan area. The 
Mid-America Regional Council was charged with 
developing the plan before August 22, 1977, in 
order to comply with Federal housing law. Subur- 
ban Johnson County's minority population remains 
under 2 percent. 

The extent of Federal subsidizing of discrimina- 
tory housing patterns has been reported by the 
Kansas and Missouri Advisory Committees in their 
report. Crisis and Opportunity: Education in 
Greater Kansas City, which describes the concen- 
tration of minorities in central city, subsidized pro- 
jects while whites predominate in the suburban 
projects. This pattern was reinforced by HUD's 
practice of allowing low- and moderate-income 
projects to be concentrated in the central cities 
while the suburbs took less than their fair share. 



70 



Statistical data, however, do not fully reveal the 
extent of the discriminatory impact of Federal 
highway funds. While many of these funds are 
nominally assigned to the central cities, such funds 
are spent largely on freeways for suburban com- 
munities. Studies done in Kansas City and el- 
sewhere have shown a nearly perfect correlation 
between freeway construction in a metropolitan 
area and suburban housing development. 

Citizens' groups have petitioned HUD to review 
the community development applications of two 
cities in the Kansas City area. The NAACP has 
challenged the city of Bonner Springs to provide 
better services to its black neighborhoods, and the 
Mo-Kan Housing Association has objected to the 
failure of Overland Park to provide moderate-in- 
come housing for families expected to reside there. 
Since 1976 Section 8 housing has become availa- 
ble to a very few lower income families in Over- 
land Park. In 1977 Olathe's housing assistance 
plan became the subject of a complaint because it 
provided tennis courts, football fields, and bridges, 
despite the serious need for housing. 

Education 

Kansas, the home of Brown v. Board of Educa- 
tion, has maintained segregated schools to the 
present day. Although Topeka has been relieved 
by HEW of legal liability for continued im- 
balances, complaints about discrimination there 
continue to be raised. Junction City remains in 
turmoil with continuing patterns of segregation. In- 
dependence is now the subject of HEW review. 
Other school districts, such as Fort Scott, have just 
announced affirmative action plans. Still others, 
such as Dodge City, still have no effective affirma- 
tive action programs. In 1977 the U.S. Department 
of Justice won an action against Unified District 
500 (Kansas City, Kansas) requiring an end to the 
still-existing dual school system. 

Little progress has been made in resolving the 
Kansas City case, despite the court's ruling and 
order for remedy. The minority community 
protests that the order, which closes former man- 
datory black schools and disperses black students, 
places the entire desegregation burden upon them. 
Black parents are now organizing to resist the ef- 
fect of the order. The Department of Justice has 
indicated it is considering an appeal. 



Bilingual education for migrants has been 
lacking in many of the western Kansas towns 
which provide Title III migrant education. Among 
the towns involved are Scott City, Goodland, 
Garden City, Ulysses, and Johnson. The best pro- 
gram of this sort is located in Leoti. This program 
was more successful in getting Hispanic staff and 
involving the Spanish-speaking community. Fol- 
lowing the release of the Commission's six-part re- 
port on Mexican American education, the Mid- 
western Regional Office established liaison with 
the school districts having the largest Hispanic 
populations. 

The State department of education, with a staff 
smaller than that of many school districts, does not 
have a significant impact on either desegregation 
or bilingual education. 

The Advisory Committee reviewed the Kansas 
City, Kansas, and Shawnee Mission schools as part 
of its study of education in Greater Kansas City. 
Both may become involved in desegregation of the 
Kansas City, Missouri, school district. In a 
metropolitan desegregation suit brought by the 
Kansas City, Missouri, school district, two of five 
Kansas school districts were charged with having 
sent black students across State lines to segregated 
schools. A third district, Shawnee Mission school 
district, formerly provided free transportation and 
school books to black students who transferred to 
Sumner High School in Kansas City, Kansas. The 
fact that district and county lines were crossed was 
not brought out in the Kansas City, Kansas, case 
because the judge denied a school board motion to 
include this in the litigation. 

Wichita, the largest city in the State, is the sub- 
ject of a U.S. Commission on Civil Rights school 
desegregation monograph. Desegregation efforts 
began there in 1966 with a voluntary plan. At the 
same time the local NAACP chapter filed a formal 
complaint of discrimination under the Civil Rights 
Act of 1964. District efforts continued at a modest 
level in 1968 and 1969. Finally, following the 
1971 decision of an HEW administrative law 
judge, the district introduced a plan for com- 
prehensive desegregation which included crossbus- 
ing. Despite some initial hostility, by 1974 this 
plan was fully operational and successful. The 
numbers of students required to ride buses 
declined as more and more students volunteered 
to do so. Test scores rose following an initial 
slump. 



71 



Women 

Kansas ratified the Equal Rights Amendment on 
March 28, 1973, and efforts to rescind the ap- 
proval have not been successful. 

In 1975 the Advisory Committee's study of sex 
discrimination showed that credit discrimination 
against single women, divorced women, and 
widowed women was nearly universal. Implemen- 
tation of Federal Reserve System regulations, how- 
ever, has gone a long way to eliminate this 
problem. The Advisory Committee has sponsored 
conferences to inform women of their rights and 
the steps necessary to ensure enforcement of the 
law. 

American Indians 

The Potawatomi, Kickapoo, Sac and Fox, and 
Iowa Indians are all represented in Kansas, mainly 
in the area around Horton. All but the Kickapoo, 
whose reservation is 9 miles from Horton, are of 
the United Tribes. There has been a continuing 
struggle between some tribal factions and the BIA 
office at Horton. Many American Indians migrate 
to the city in search of the jobs they cannot obtain 
in the home areas, yet lack the training required 
to obtain the better career jobs available in the 
urban areas. 

American Indians have reported discrimination 
in the delivery of health care. Only the 
Potawatomi are served by the city of Holton's free 
health care facilities. Indians who leave reserva- 
tions and migrate to the larger cities to obtain 
work lose health care services available on reser- 
vation lands. 

The Indian Center of Topeka has studied the 
educational status of the urban Indian in Kansas. 
There is a need to raise the achievement level of 
Indian students and to improve their self-image. 

The Potawatomi negotiated, without success, to 
recover land on which the abandoned St. Mary's 
Seminary stands. Although the facility was located 
on traditional Indian lands, it was sold to the city 
of St. Mary for industrial and residential use that 
would benefit non-Indians. 

Another problem faced by all American Indians 
in Kansas is lack of representation in public life. 
Their State advisory board was abolished before it 
began. They are underrepresented or un- 
represented in education, employment, and service 
agencies which serve their communities. 



Hispanics in Kansas 

The Kansas Hispanic community is concentrated 
in the major cities. The Kansas Advisory Commit- 
tee sponsored a conference in Garden City in 
1975 which provided assistance to educators wish- 
ing to assure Hispanics reasonable access to their 
ethnic heritage. As a consequence, a bilingual edu- 
cators conference was held in May 1977 with 
technical assistance from the Central States Re- 
gional Office of the U.S. Commission on Civil 
Rights. This led to the formation of the Kansas 
Bilingual Educators Association. 

The Hispanic community has been organizing 
over a period of years. The oldest organization in 
the State is the G.I. Forum. The League of United 
Latin American Citizens is also active, operating 
an education service center in Topeka to help 
Hispanic youths to gain places in institutions of 
higher education. At the local level, MECHA, a 
national organization of Hispanic college students, 
has organized Hispanic college students within 
Kansas by sponsoring forums and other activities. 

The Roman Catholic Church has facilities such 
as El Centro, established in Topeka in 1973, to 
provide a beginning relationship between public 
and private services and the Hispanic peoples who 
need them. The Kansas City, Kansas, Hispanic 
community has complained about the absence of 
bilingual education in the district's schools. 

Civii Rights Enforcement 

The 1960s was the period of legislation and per- 
suasion for the Kansas Commission on Civil 
Rights. The 1970s has been a decade of enforce- 
ment. The commission was established in 1953 to 
deal with discrimination in employment. In 1963 
public accommodations were added, covering 
hotels, motels, cabin camps, and restaurants. In 
1965 definitions of employment and public accom- 
modations were expanded. The commission 
acquired the power to initiate complaints and sub- 
pena documents in 1967. In 1970 the commission 
acquired jurisdiction in housing, and sex dis- 
crimination was added to race, color, and creed in 
1972, when the commission also became the con- 
tract compliance review agency for the State. 

The commission is aided by 21 local human 
relations commissions which have been joined in 
the Kansas Human Relations Association. The 
commission maintains referral agreements with 



72 



some of these. A Mexican American Advisory 
Committee and a Kansas Advisory Committee on 
Indian American Affairs were established under 
1974 legislation. The latter was abolished in 1976. 
The commission is increasing its use of pattern 
investigations as it finds these more productive 
than complaint-oriented efforts. But it has had to 
take time from such investigations to clear the 
backlog of individual complaints. This is now 
reduced to 247, a moderate level in view of the in- 
creasing number of complaints filed and increased 
court litigation required to obtain resolution. 

Unfinished Business 

Despite occasional local victories and even land- 
mark court cases, the overall picture in Kansas is 
not one that calls for celebration. Employment op- 
portunities for minorities have only recently begun 
to be addressed. Although Governor Robert 
Bennett issued an executive order in 1975 requir- 
ing the State to hire more minorities and women 
and created the position of affirmative action of- 
ficer, his order has yet to become reality. 

Only in Wichita has there been much progress 
regarding school desegregation. Even there, some 
of the gains have been eroded through middle- 
class migration to suburban schools. Kansas City is 
expected to implement a plan that calls for "one- 
way busing" of black children only. The plan has 
already stirred up hostile reactions among that 
town's black population. 

Leaders of the State's most affluent school dis- 
trict, Shawnee Mission in Johnson County, have 
indicated that they will make a thorough legal 
defense in the Kansas City metropolitan suit in 
which they are the largest defendant school dis- 
trict. The same leaders showed little interest in a 
voluntary desegregation plan which would feature 
some regional magnet schools. 

In the corrections field, the Advisory Committee 
has pushed for increased hiring of minorities and 
women. In this it has met with genuine success, 
but limited primarily to positions such as affirma- 
tive action officer and counselor. The Committee 
is currently involved with an effort to increase the 
use of community-based prisons in Kansas. Change 
in police-community relations is slow. Much pa- 
tience and considerable technical assistance is 
required to eliminate friction. 



Housing and related problems can be resolved 
only in the context of the Housing and Community 
Development Act's housing assistance plan. The 
Advisory Committee expects to give greater atten- 
tion to legislation designed to provide meaningful 
standards to measure discrimination. 

The majority of Kansas Hispanics are Mexican 
Americans who have settled in the railroad com- 
munities since the early 1900s. Because of their 
language and ethnicity, opportunities in education, 
employment, and housing have not adequately 
opened up for this minority group. Migrant farm 
labor, the meatpacking industry, and the railroad 
companies have provided only unskilled and semi- 
skilled occupations for the majority of Hispanics. 

The small American Indian population and its 
reluctance to complain or have confidence in non- 
Indian monitoring agencies should be of concern to 
civil rights agencies. As Indians demand their rights, 
it will be necessary to devote an increasing propor- 
tion of time to this isolated segment to assure its 
equal rights. 

Kansas women have been relatively successful in 
asserting their legal rights; however, the Advisory 
Committee remains concerned about the special 
problems women face. 

The effects of discrimination in Kansas suburbs 
of Kansas City, Missouri, will need constant moni- 
toring. At a time when Federal block grants are 
given "without strings," the opportunity for ignoring 
minority needs has increased considerably. As the 
State civil rights commission has become more active 
it has also come under greater attack. It may have 
to abandon pattern actions. In short, despite the 
efforts of the Kansas Commission on Civil Rights, 
much remains to be done. 



73 



Kansas Advisory Committee IVIembers 

Constance L. Menninger, Chairperson 

Billy J. Burgess 

Carlos F. Cortes 

Al-Donna Daniels 

Benjamin H. Day 

Jackie Gossard 

Dwight D. Henderson 

Rayna F. Levine 

Herman D. Lujan 

Marston McCluggage 

Connie A. Peters 

Thomas E. Punzo 

Magdalena F. Rodriguez 

George Rogers 

Ruth G. Shechter 

Forrest Swall 



74 



Kentucky 



The path to desegregation in Kentucky has been 
filled with obstacles. In 1954 the home of two 
white Louisville civil rights activists was destroyed 
by a bomb when they attempted to sell it to a 
black. In September 1976 a Louisville public 
school was damaged by a bomb as the school 
system began its second year of busing students as 
ordered by a court desegregation plan. Such acts 
of violence are clear indicators of the intensity of 
racism in Kentucky. 

Approximately 7 percent of Kentucky's 
3,218,697 residents are black. Louisville, Lexing- 
ton, and Bowling Green are home for most blacks. 
Other minorities make up 2 percent of the State's 
population, including 11,000 Hispanics and ap- 
proximately 1,200 American Indians. 

The median income for persons over 1 4 years of 
age reveals a significant disparity in the quality of 
life possible for minorities and women in Kentucky 
in contrast to white males. The median income for 
white males over 14 is $5,074, for white females 
$1,928, for black males $3,348, for black females 
$1,617. Among the Hispanics, men earn $5,008 in 
contrast to $2,207 for their female counterparts. 

Although blacks compose only 7 percent of the 
State population, almost 40 percent of them live 
below the poverty level as does 22 percent of the 
white population. Forty percent of the elderly 
citizens of Kentucky live below the poverty level. 
In 1970 over 10 percent of the State's population, 
or 337,428 persons, were 65 years of age or older. 

Despite the fact that the average Kentucky 
woman aged 25 or older is better educated than 
the average Kentucky man, women earn less 
money and are unemployed more often. The 
unemployment rate for women in 1970 was 5.5 
percent. The corresponding rate for men was 4.1 
percent. Among blacks the same inequity ex- 
ists—the unemployment rate for women is 7.8 per- 
cent and for men it is 6.1 percent. A median of 
10.2 years of schooling is completed by white 
women and 9.5 years by white men. Black women 
have a median of 9.7 years of schooling while 
black men have 8.9 years. 



The lack of some or all plumbing facilities in 21 
percent of all occupied housing units in Kentucky 
indicates the need for improvement in the quality 
of housing. Approximately 22 percent of all white- 
occupied housing units lack some or all plumbing; 
19 percent of black-occupied units lack those 
same facilities. Despite the near equality in the 
numbers of black- and white-occupied housing 
which lack plumbing facilities, median value of 
housing with a white head of household is approxi- 
mately 50 percent higher than that of a 
black— $12,600 in contrast to $8,200. 

Some State legislation has been passed to im- 
prove the status of minorities, women, and the el- 
derly. In 1960 the State established a Kentucky 
Commission on Human Rights. The Kentucky Civil 
Rights Act was enacted in 1966 and later the Fair 
Housing Act of 1968 was passed. With these laws 
the State guaranteed all citizens the right to equal 
employment opportunities, the right to be served 
in public accommodations, and the right to 
purchase or rent housing in any area without re- 
gard to race, color, religion, or national origin. 
Guarantees against discrimination based on sex or 
age were added to the 1966 Civil Rights Act in 
1972. 

The Equal Rights Amendment was ratified by 
the legislature when it was first introduced. During 
subsequent sessions, however, attempts have been 
made to rescind it. 

Civil Rights Developments 
Employment 

In addition to establishing the Kentucky Com- 
mission on Human Rights in 1960, a merit system 
was created for State employees. The system was 
intended to bring fair employment coverage to 
15,000 jobs in the State government. In 1963 the 
Governor went a step farther and issued a 
"Governor's Code of Fair Practice" which 
required that persons awarded State contracts 
refrain from discriminatory employment practices. 
Parts of the code were also directed specifically at 
State agencies. 



75 



Despite these positive actions, women and 
minorities are still employed in limited numbers in 
some agencies of State government. As of Februa- 
ry 1977 the State bureau of police has 1,408 em- 
ployees of whom 1,144 (81 percent) were white 
males, 219 were white females, 28 were black 
males, 15 were black females, and 2 were other 
minorities. Before 1973 there were no black State 
police troopers. Currently the bureau has a freeze 
on hiring, which further limits opportunities for 
minorities and women. 

The Kentucky Advisory Committee to the U.S. 
Commission on Civil Rights is currently conduct- 
ing a study on equal employment opportunities in 
the bureau of police and will issue a full report 
with recommendations in 1978. 

The Kentucky Commission on Human Rights 
has won some impressive victories for the victims 
of employment discrimination in private industry. 
Affirmative action has often been won in 
negotiated settlements with employers as well as 
cash settlements for affected parties. The number 
of complaints charging employment discrimination 
based on race and sex has steadily increased. Dur- 
ing fiscal year 1976, 286 complaints were received 
of which 239 alleged employment discrimination, 
40 alleged discrimination in housing, and 7, dis- 
crimination in public accommodations. Of the 239 
employment discrimination charges, 139 con- 
tended sex discrimination, 88 racial, 6 discrimina- 
tion based on age, 4 on religion, and 2 on national 
origin. 

The following cases illustrate the results 
achieved by the Kentucky Commission on Human 
Rights in settling discrimination complaints: 

• A Beechmont, Kentucky, women was 
awarded $14,000 as part of a settlement in a sex 
discrimination complaint against Gibralter Coal 
Corporation in June 1976. The settlement was 
the first in which a substantial amount was 
awarded and was a forerunner of other such sex 
discrimination cases. The plaintiff charged that 
Gibralter failed to hire her as a laborer in a strip 
mine because of her sex. Although the company 
denied the charges, it agreed to award the plain- 
tiff back pay and damages and to give 27 other 
women an opportunity to renew their applica- 
tions, and to hire them if qualified. 

• Two other Kentucky women were awarded 
$30,000 in 1976 as settlements of sex dis- 



crimination complaints against South East Coal 
Mines of Whitesburg and Winconsin Steel Coal 
Mines of Benham. These agreements also in- 
cluded requirements for future employment of 
women and the initiation of affirmative action 
procedures to hire more women. 
According to Galen Martin, executive director 
of the Kentucky Commission on Human Rights, 
the settlements should have far-reaching effects on 
opening up mining jobs to women in the State's 
coal industry. The Winconsin Steel agreement 
called for hiring one woman for every three men 
until women hold 20 percent of the firm's noncler- 
ical jobs. 

School Desegregation 

Progress in the desegregation of public schools 
in Kentucky has been slow and often painful. The 
State's two largest cities, Louisville and Lexington, 
offer a dramatic contrast. It was not until 1975, 
after extended litigation, that the Louisville 
schools actually began to desegregate. Violence 
marked the opening of schools in 1975 and again 
in 1976. Yet, just 70 miles east of Louisville, in 
Lexington, desegregation had occurred peacefully 
in 1968. 

Lexington officials redrew school district lines to 
accommodate an increase in the city population 
and to give racial balance to the schools. In the 
1970s, it became necessary to reassign some 
teachers and to bus some students out of their 
school districts to achieve racial balance and con- 
tinue voluntary compliance with desegregation 
guidelines of the U.S. Department of Health, Edu- 
cation, and Welfare. The transfers and busing oc- 
curred without incident. 

The desegregation of Louisville schools resulted 
only because of a suit brought by the NAACP in 
1972. The plaintiffs asked for the merger of the 
Louisville and the Jefferson County school 
systems. After 3 years of complex litigation, the 
Court of Appeals for the Sixth Circuit ruled that 
the county was the basic educational unit in the 
State, noted that State law provided for mergers of 
city and county systems, and ordered that the 
Louisville-Jefferson school systems be merged. 
When this occurred in 1975, the county system 
had approximately 90,000 students, 4 percent of 
whom were black. The Louisville school system 
had 45,000 students, 54 percent of whom were 
black. 



76 



The desegregation plan for the Louisville-Jeffer- 
son schools was implemented in September 1975. 
It provided for the clustering of schools which 
were predominately white or black and for trans- 
porting students within that cluster to achieve a 
more balanced racial mix. School personnel, in- 
cluding administrators, support staff, teachers, and 
others, were reassigned to reflect the systemwide 
racial composition of the staff. In an unusual 
move, the court granted the school board's request 
that first graders be allowed to attend schools near 
their homes and thereby be exempted from 
lengthy bus rides for the sake of racial balance. 
The court also approved this exemption for the 
1976-77 school year. 

During the U.S. Commission on Civil Rights' 10- 
month study of school desegregation in the Nation, 
Louisville was the site of an indepth study and 
public hearing (May 1976). More than 100 wit- 
nesses testified during the 3-day hearing. 
Testimony was generally critical of the handling of 
the desegregation process. Not only was the civic 
leadership of Louisville criticized for allowing 
problems to fester rather than exerting their in- 
fluence to solve those problems, but the local busi- 
ness community was also criticized. Some wit- 
nesses alleged that labor unions hindered 
desegregation and that the media's coverage of the 
school desegregation issues tended to be inflamma- 
tory. 

Several important findings emerged from the 
hearing. Opposition to desegregation among stu- 
dents existed only to a limited degree. The tradi- 
tional community leaders did little to urge and 
promote community acceptance of the court's rul- 
ing for desegregation. Politicians remained silent 
on the issue and allowed the voices of disruption 
to be clearly heard. 

Political Participation 

Prior to 1 960 few blacks held public office in 
Kentucky. Those who were elected usually came 
from districts with a majority black population. A 
notable exception was the election in 1958 of 
Woodford Porter to the Louisville Board of Edu- 
cation. In the 1960s more blacks were successful 
in majority white cities. Henry Sykes was elected 
a city commissioner in Lexington in 1963. Luska 
J. Twyman, a member of the Kentucky Advisory 
Committee to the U.S. Commission on Civil 



Rights, was elected mayor of Glasgow, a town of 
about 1 1 ,000, after he completed the unexpired 
term of a former mayor. 

By 1970 there were 41 blacks in elective offices 
throughout the State. However, blacks are still a 
small proportion of the 6,000 elected officials in the 
State. 

Unfinished Business 

The Commission hearing and subsequent report. 
Fulfilling the Letter and Spirit of the Law, identified 
several problems in the desegregated school system 
which needed attention in 1976. Among the most 
critical is the discovery that blacks are being sus- 
pended disproportionately to their numbers in the 
public schools. Hardship transfers, which allow stu- 
dents to be exempted from reassignments, have been 
granted to a disproportionate number of white stu- 
dents. The enrollment of students in the system's 
special school for students with disciplinary prob- 
lems is disproportionately black, while the enroll- 
ment of students in the special programs for students 
with less severe disciplinary problems is dispropor- 
tionately white. 

As the situation in Louisville clearly indicates, 
successful school desegregation cannot be accom- 
plished by a court order alone. Desegregation re- 
quires a spirit of cooperation among black and 
white leaders and the commitment of school officials, 
classroom teachers, and parents. 

State laws ensuring equal opportunity in employ- 
ment and housing have not yet had a significant 
impact on the status of minorities and women in 
Kentucky. Some gains have been made, but when 
extensive busing is required in order to desegregate 
the public schools of Louisville, questions about 
equal opportunity in housing and economic oppor- 
tunities must be raised. The large number of com- 
plaints of discrimination received by the Kentucky 
Commission on Human Rights clearly indicates that 
women, minorities, and the elderly still face the 
barrier of discrimination. 



77 



Kentucky Advisory Committee 
Members 

Marguerite Harris, Chairperson 

Judy Boggs 

Joseph Bush 

A. Lee Coleman 

Bert Combs 

James Crumlin 

John Dorkin ' 

Ellen Ewing 

Shelby Kinkead 

Lois Morris 

Victoria Ogden 

Darryl T. Owens 

Dorothy Ridings 

Sharon Robinson 

Rosaiyn Smith 

Walter J. Simon 

Luska J. Twyman 

John J. Yarmuth 

James Rosenblum 



78 



Louisiana 



With a population of more than 3.6 million in 
1970, Louisiana ranks 20th among the States in 
size. Nearly 70 percent of the population is white 
and about 30 percent black. Other races make up 
about 0.4 percent of the population. 

Census figures show a dramatic shift in the 
population from rural to urban areas in the last 
two decades. In 1950 more than half the popula- 
tion lived in rural areas. In 1970 about one-third 
of the population was rural. 

Poverty and illiteracy are severe in Louisiana. In 
1969 the median family income was $7,530; 18.9 
percent of Louisiana families lived below the 
poverty level. The economic plight of blacks in the 
State is severe. Of the nonwhite population, 47.4 
percent are below the poverty level of $3,388. 

Louisiana ranked first in 1970 among the States 
in the highest percentage of persons over 25 years 
with no school completed. Of the State's popula- 
tion, 3.9 percent had no schooling; the national 
average was only 1 .6 percent. Louisiana was first 
in the Nation with the number of adults 25 years 
old and older with less than 5 years of schooling. 

Civil Rights Developments 

Voting Rights and Political 
Participation 

For years Louisiana had restricted black suffrage 
and a sizeable number of the counties had a histo- 
ry of rampant discrimination in voting. As late as 
I960, many Louisiana parishes had few, if any, 
black voters. 

Provisions in the Civil Rights Acts of 1957 and 
I960 were intended to protect the voting rights of 
blacks but were largely ineffective in dismantling 
the barriers to black voting in Louisiana. After the 
disappointing results under the statutes, it became 
obvious that more drastic Federal action would be 
required to ensure a new era of black participation 
in Louisiana politics. This action came with the 
passage of the Voting Rights Act of 1965, which 
has been a most effective instrument in eliminating 
discrimination in voting in this State. 



The success of the Voting Rights Act of 1965 in 
facilitating black registration and voting in Loui- 
siana was due to several provisions: ( 1 ) suspen- 
sions of testing devices; (2) use of Federal voting 
registrars and Federal observers to monitor elec- 
tions; and (3) section 5 of the Voting Rights Act, 
which forbids certain areas from altering their 
electoral system without prior clearance by the At- 
torney General or the U.S. District Court for the 
District of Columbia. There seems to be little 
doubt that the Voting Rights Act of 1965 and in- 
creased political awareness by blacks stimulated a 
new era of black politics in Louisiana. 

Political accomplishments by blacks in recent 
years in this State have been rather impressive. 
The Voting Rights Act spurred massive voter re- 
gistration drives by black organizations, and it 
became possible for the first time for the black 
vote to decide elections in many Louisiana 
parishes. By October 1976, 63 percent of the eligi- 
ble blacks in Louisiana were registered to vote. 
This is in sharp contrast to 1964 when only 31.6 
percent were registered. The figures are even more 
impressive when one looks at certain parishes. In 
DeSoto Parish, in 1964 there were 849 registered 
black voters; but in 1976 there were 5,324, a dra- 
matic increase when measured against any stan- 
dard. Figures for Morehouse Parish are equally im- 
pressive. In 1964, 491 blacks were registered; by 
1976, the number was 4,237. 

In the 12 years since the passage of the Voting 
Rights Act of 1965, the number of black voters in 
Louisiana has increased by 255 percent while the 
number of white voters has increased by only 71 
percent. 

The number of black elected officials in Loui- 
siana was 280 in 1976. This number includes one 
State senator, 8 State representatives, and 270 
local elected officials. In 1964 there were only 37 
elected black officials. White candidates for public 
office now offer worthwhile choices for minorities 
because they are challenged to do so by an aggres- 
sive and effective black electorate. 



79 



The importance of the black vote in Louisiana 
is manifest in other ways. More blacks can be 
found in State government, parish courthouses, 
and city halls. The State secretary of urban affairs 
and community relations (a cabinet position), 
deputy secretary of the department of corrections, 
and the deputy commissioner of administration are 
black. Increased political power of blacks in the 
State is no doubt responsible for the improved 
treatment of blacks by public officials ranging 
from judges and State troopers to parish sheriffs 
and local constables. There have also been im- 
provements in municipal services and economic 
opportunities, but this report would be misleading 
if it did not underscore the fact that much remains 
to be done. 

Education 

The effort to desegregate Louisiana's public 
schools has a long and turbulent history marked by 
numerous court cases (initiated by both blacks and 
whites) and ingenious schemes to avoid or delay 
desegregation. A desegregation action was filed in 
the Federal District Court for the Eastern District 
of Louisiana as early as 1952. This case, involving 
the Orleans Parish schools, moved through various 
stages of litigation until July 1, 1959, when District 
Judge Skelly Wright ordered the board to submit 
a plan of desegregation by March 1, 1960. This 
court order placed the Orleans Parish schools in a 
dilemma, for State laws (which had been passed in 
response to the Brown case) made integration of 
the public schools illegal. 

As in New Orleans, many school districts in the 
State faced this problem. Some reacted to 
desegregation orders by closing all public schools 
and opening private schools for whites only; others 
reacted by placing a great deal of pressure on the 
State officials to defy the court orders by whatever 
means necessary, including interposition. Black 
leaders in the State, with the aid of organizations 
such as the NAACP and CORE, pressed for school 
desegregation. 

The battle over school desegregation in Loui- 
siana reached its peak with the cries of "two, four, 
six, eight, we don't want to integrate," by white 
parents in New Orleans opposing the implementa- 
tion of the court-ordered plan in 1961. Since then, 
almost every scheme imaginable has been used by 
school districts in the various parishes to delay or 



avoid desegregation of public schools. Many black 
leaders express a great deal of frustration at the 
role Federal district courts played in these delays 
and concern that the burden of desegregation was 
placed on black students. 

As a result of pressure by black parents and 
leaders, and with limited help from the Federal 
Government, the dual system of public education 
in Louisiana began to crumble in the late 1960s. 
Today, all school districts in the State are 
nominally desegregated. However, there are still 
many all-black schools within school districts. Nu- 
merous black schools have been closed and much 
of the busing involves blacks leaving their 
neighborhoods to attend previously all-white 
schools located in white neighborhoods. 

White resistance to desegregation of the schools 
has led to many other problems that become 
greater each year. Foremost among them is the 
absence of blacks in decisionmaking positions in 
the districts. As of January 31, 1976, all of the 66 
school superintendents were white. Only 10 per- 
cent of the school board members are black and 
most school systems have no blacks on the boards, 
including the East Baton Rouge school system 
which had a black enrollment of 25,996 as of May 
31, 1976, and is the third largest school district in 
the State. 

Of the 872,766 youngsters in public schools dur- 
ing 1976-77, 352,007 (40 percent) were black. Of 
1,500 principals, only 365 were black. 

Black students are being expelled in un- 
precedented numbers. In 1976 East Baton Rouge 
Parish Schools expelled 242 blacks, while only 54 
white students were expelled. Many black educa- 
tors and leaders believe that many of the expul- 
sions are racially motivated. Tracking, which 
results in segregation within a school, is cited as an 
increasing problem. A disproportionate number of 
black students are also placed in special education 
classes. 

Problems within the desegregated schools are so 
great that some blacks question the value of 
school desegregation even before the dual system 
is completely dismantled. 

Housing 

With the large population shifts from rural to 
urban areas, housing in urban areas has become a 
critical problem. In a study of housing conditions 



80 



in New Orleans, the Louisiana Advisory Commit- 
tee found that the city had a serious shortage of 
low-income housing. Low-cost housing is substan- 
dard and in short supply. Because of the high cost 
of land in New Orleans and the lack of Federal 
subsidies, the home building industry in the area is 
unable to supply housing at a low cost. 

Blacks pay a greater proportion of their income 
for housing than do any other groups in the city 
and occupy more than half of the substandard 
dwellings. Census data indicates that approximate- 
ly 30 percent of the black community in New Or- 
leans pays in excess of 35 percent of its income 
for rent, compared to only 17 percent of the white 
community. 

Administration of Justice 

Many blacks considered law enforcement of- 
ficers to be allied to opponents of the civil rights 
movement in Louisiana in the early 1960s. Law 
enforcement and the administration of justice 
today are still considered discriminatory. Blacks 
are subject to unduly harsh treatment by law en- 
forcement officials and receive physical and verba! 
abuse and penalties that are disproportionately 
severe. They are still substantially under- 
represented on grand and petit juries and under- 
represenied in the employment of law enforcement 
agencies. The election of State judges in at-large 
elections has made it almost impossible to secure 
black representation on the bench. In a State al- 
most one-third black, none of the nine Federal dis- 
trict judges and only five of the State judges are 
black. 

Prisons 

There are two aspects of a modern penal institu- 
tion: one is punishment, and the other is cor- 
rection. An examination of the facilities, adminis- 
tration, and correctional or rehabilitation programs 
of the prison system in Louisiana found that the 
system has been a victim of neglect. Current in- 
adequacies and problems in the Louisiana system 
are detailed in a 1976 report of the Louisiana Ad- 
visory Committee to the U.S. Commission on Civil 
Rights. The study found that correctional reform 
ranks low on the agenda of priorities in Louisiana. 
The low priority status is due to lack of political 
initiative, tradition, and public apathy. 



Not enough emphasis has been placed on hiring 
of minorities and women at the administrative, 
professional, and custodial levels by the depart- 
ment of corrections. In a system where approxi- 
mately 70 percent of the adult population are 
black, only about 29 percent of the correctional 
officers are black. 

Present facilities at Angola, the report said, are 
inadequate for the well-being of inmates and for 
establishing an environment conducive to reha- 
bilitation and treatment. The institution is too 
large and too isolated to be operated in an effi- 
cient manner. 

Recommendations have been made by the Loui- 
siana Advisory Committee and other groups that 
could lead to improvements in the Louisiana adult 
corrections system. 

Women's Rights 

Over the years Louisiana has made little 
progress in the area of women's rights, and dis- 
crimination is serious in every phase of life for 
women in the State. The Louisiana civil code con- 
siders the husband the head and master of the 
community; a woman has little, if any, right to 
property acquired during a marriage. This law has 
been attacked by various women's groups in the 
State without success during the past several years. 
The Equal Rights Amendment has been voted 
down by the male-dominated Louisiana Legislature 
every year since 1972. 

The State legislature has only two women: a 
black from New Orleans in the house of represen- 
tatives and a white from Shreveport in the senate. 
Only two women serve as department heads in 
State government, and there is only one female 
judge in the State, a black juvenile judge in New 
Orleans. 

Female representation on boards and commis- 
sions in the State is among the lowest in the Na- 
tion. There are no women mayors in cities with 
population 10,000 and over, and few women serv- 
ing on city commissions. The State treasurer is the 
only woman elected to statewide office, and one 
woman serves in the U.S. House of Representa- 
tives. 

Unfinished Business 

When contrasted with past conditions, progress 
has been made in Louisiana through affirmation 



81 



and extension of the civil rights guaranteed by the 
Constitution to all American citizens. In political 
participation, education, housing, administration of 
justice, prisons, and women's rights, changes for 
the better have been made. With extension of vot- 
ing rights, the political influence of the black 
population is gradually producing a new political 
order. Acceleration of this change across the next 
several years could provide the framework for a 
strong base of political activism on local. State, 
and national levels. 

Effective integration of public schools in the fu- 
ture could open the door to literacy for a greater 
percentage of the citizens of Louisiana. This is a 
realistic way of reducing the economic and social 
burden of any State with a large proportion of its 
population poor and illiterate. Practical and collec- 
tive efforts to provide the best education for all 
Louisiana youth, regardless of race, will prove the 
wisest course of action. 

Much remains to be done in Louisiana. Existing 
conditions of inadequate low-income housing, the 
absence of adequate .Federal subsidies, and the 
heavy burden of substandard housing for blacks 
need immediate attention. Active response in the 
form of programs, funds, and increased supply of 
public housing accommodations is overdue. 

The rights of those incarcerated in the State 
penal institutions have been well established by the 
courts, yet the State of Louisiana has a long way 
to go in the recognition and protection of those 
rights. 

Finally, the rights of women have been almost 
completely ignored in Louisiana. A strong cultural 
tradition can no longer be used as an excuse for 
the denial of rights to more than half the State's 
population. 



Louisiana Advisory Committee 
IVIembers 

Jewel L. Prestage, Chairperson 

Ralph E. Thayer 

Bernard R. Ariatti 

David A. Boileau 

Ralph M. Dreger 

James E. Fontenot 

Jose A. Gonzalez 

Patricia B. Miller 

Sybil H. Morial 

Louis C. Pendleton 

Senna P. Randolph 

Willis V. Reed 

Marion O. White 



82 



Maine 



According to the 1970 census, Maine had a 
population of 992,048 persons, of whom 509,183 
were women. Franco Americans are by far the 
State's largest ethnic minority group. According to 
Madeleine Giguerre of the University of Maine, in 
1970 there were 141,489 persons whose mother 
tongue was French. In addition, there are a large 
number of English-speaking Franco Americans. 
Estimates of the actual number of persons of 
French Canadian heritage range from 20 percent 
to 40 percent of the population. 

According to the 1970 census, other minority 
groups include 2,800 blacks (0.3 percent) 3,730 
Hispanics (0.4 percent), and 2,195 American Indi- 
ans (0.2 percent). Three hundred and sixty nine of 
the Hispanics were Puerto Rican. 

Blacks are concentrated in such urban areas as 
Augusta, the State capital, and Portland, Maine's 
largest city. In 1970, of 65,116 persons in Port- 
land, 428 were black. Hispanics reside throughout 
the State, although a larger proportion can be 
found in urban areas. 

Nearly all Maine Indians belong to one of four 
tribes (Passamaquoddy, Penobscot, Micmac, and 
Maliseet), all members of what is known as the 
Wabanaki Confederacy. Slightly more than 1,000 
Indians live on three reservations, two of which 
are governed by the Passamaquoddy tribe and one 
by the Penobscot. The Micmac and Maliseet tribes 
have reservations in Canada, but none in Maine. 
Their members are represented by several Indian 
organizations, including the Association of 
Aroostook Indians, the Central Maine Indian As- 
sociation, and the newly formed Southern Maine 
Indian Association. 

The State planning department estimates that 
the total population had grown to 1,070,000 by 
1976. Although there are no official estimates for 
the change in minority populations, the National 
Association for the Advancement of Colored Peo- 
ple (NAACP) estimates that there were 3,500 
blacks in 1975. The commissioner of Indian affairs 
reports that there were 4,383 American Indians in 



1976. These estimates are based on the 1970 cen- 
sus (including compensation for an alleged un- 
dercount of minorities) and, in the case of the 
black population, a continuing migration of blacks 
to the northern New England States. 

According to the State department of manpower 
affairs, in 1976 the unemployment rate was 9.3 
percent; however, the rate for women was 1 1 .2 
percent. The rate for unemployed black males was 
much higher— 18.3 percent— but the rate for black 
females was 2.9 percent. 

In 1970 the median income for men was $5,360 
and for women $ 1 ,940. The median income for 
white families was $8,215 while the income for 
nonwhite families was $5,940. 

Civil Rigiits Developments 

The Maine Human Rights Commission, 
established by legislation in July 1972, is the pri- 
mary civil rights enforcement agency in the State. 
The commission's mandate initially covered dis- 
crimination by race, color, national origin, ances- 
try, religion, and age. Its legislation was amended 
in 1973 to include sex and in 1974 to include the 
physically handicapped. In 1975, additional 
amendments prohibited discrimination against 
public assistance recipients in housing and against 
the mentally handicapped. This expansion of 
responsibility, however, has not been accompanied 
by increased funding. Insufficient funds have ham- 
pered the work of the commission. 

A second agency is the Governor's advisory 
council on the status of women, which was reac- 
tivated in 1972 to advise the executive branch on 
women's issues and to promote and coordinate ac- 
tivities throughout the State. In 1976 the council 
was reorganized and renamed the Maine Commis- 
sion on Women. This commission conducts 
research, advises on issues, lobbies for legislation 
pertaining to women, and has held regular 
workshops for women who are interested in politi- 
cal office. 



83 



The State department of Indian affairs, created 
in 1965, was the first such State department in the 
Nation. It carries out local general assistance pro- 
grams on the reservations, manages tribal trust 
funds, supports reservation housing authorities, 
assists off-reservation Indians, and acts as an ad- 
vocate for Indians in the State. Among other 
charges, Indian groups have alleged that the de- 
partment has been understaffed and underfunded. 

In July 1972, then Governor Kenneth M. Curtis 
issued executive order no. 1 1 requiring nondis- 
crimination in State government employment prac- 
tices. As a direct result of a recommendation by 
the Maine Advisory Committee, he issued a 
second order requiring affirmative action by all 
State departments (executive order no. 24). 
Governor James B. Longley reissued this order. In 
1975 the legislature adopted the executive order 
as State law. This law has been interpreted to 
cover all agencies or organizations which receive 
as little as $1 of State funds or funds from other 
sources which pass through the State. 

The State legislature has also enacted the Om- 
nibus Bill of 1976 which revised all Maine statutes 
to conform with Federal and State requirements 
for nondiscrimination and equal protection. This 
legislation changed the State's marriage and pro- 
perty laws and eliminated "sexist" terminology or 
words which gave a legal preference to one sex. 
Although the Omnibus Bill changed rape laws, a 
woman still cannot charge her husband with rape. 
In 1976 Maine became the 31st State to ratify the 
Federal Equal Rights Amendment. In 1977 the 
legislature passed the Offensive Name Act, which 
empowered the State to change all offensive or 
derogatory names of public parks, lakes, and 
areas. Names such as Nigger Lake will be changed 
as a result of this act. 

American Indians 

In the past 5 years, the Penobscot and Pas- 
samaquoddy Indian tribes have successfully chal- 
lenged the doctrine of "Federal recognition" 
under which U.S. Bureau of Indian Affairs (BIA) 
services were made available to some Indian 
groups, largely in the West, South, and Southwest, 
but not to others, including all New England 
tribes. In 1972 the tribes asked the U.S. Depart- 
ment of Justice to file suit on their tribe's behalf 
against the State of Maine for taking land illegally 



in 1794 in violation of a 1790 statute. When the 
Government refused to do so on the grounds that 
the Penobscot and Passamaquoddy tribes were not 
"recognized" or eligible for Federal protection, 
the tribes filed suit against the Federal Govern- 
ment challenging this administrative decision. 

In a landmark decision, Passamaquoddy v. Mor- 
ton, the Federal district court ruled in January 
1975 that the tribes should receive Federal protec- 
tion and ordered the Government to file suit for 
them. This decision, which was upheld on appeal, 
is generally accepted as the first step to making In- 
dians who are not federally recognized eligible not 
only for Federal protection but also for Bureau of 
Indian Affairs services. 

The two tribes continued their demands that the 
State return land taken in violation of the Non-In- 
tercourse Act of 1790. The Federal Government 
agreed to file the suit if the claim was not settled 
out of court, and the Departments of Justice and 
the Interior have said that the Indians have a valid 
legal claim to 5 million acres of forest land in 
northern Maine. Because of the suit, not only land 
transactions but also many other State projects 
such as federally-funded public works programs 
were stalled for several months. In the spring of 
1977, President Carter appointed a special Federal 
mediator to help both sides reach an agreement to 
be approved by Congress. 

The Advisory Committee's involvement in the 
Passamaquoddy land claim, the larger issue of 
Federal recognition, and the problem of in- 
adequate State and Federal services to Indians 
began in the early 1970s. Following a study of the 
plight of the Maine Indians, the Advisory Commit- 
tee issued a report in 1974. A major recommenda- 
tion was the extension of Federal protection and 
BIA services to the Maine Indians. Among other 
recommendations made to the Federal, State, and 
local governments, those for the creation of a 
State office for off-reservation Indians and an Indi- 
an police department were subsequently imple- 
mented. 

Women's Rights 

The issues of employment, education, and hous- 
ing are of prime importance to women in Maine. 
Many women live in low-income, rural areas 
where these major social problems are intensified 
by poverty and isolation. Although there are 



84 



several well-organized women's groups, these are 
relatively small, and a large number of women live 
outside of the major cities beyond the reach and 
support of women's groups. 

Although a relatively high percentage of women 
work outside their homes, they are concentrated in 
the lower salary positions and underrepresented at 
the higher salary and policymaking positions. In its 
1972 study of equality of employment opportunity 
in selected State agencies, the Advisory Commit- 
tee found that women held 48.9 percent of the 
jobs under $7,000 but only 4.4 percent of the jobs 
over $15,000. 

In addition, in its analysis of the work force of 
those Maine banks which are Federal contractors, 
the Advisory Committee concluded that women 
are underrepresented at the higher managerial 
levels, that women who enter upper management 
are still excluded from making policy, and that too 
many women were placed in positions with person- 
nel, public relations, and equal opportunity 
responsibilities. 

A program for battered women has been 
established in Bangor and rape centers have been 
set up in Bangor and Portland. However, these 
centers are underfunded and an application for 
Federal funds for a second shelter for battered 
women was denied. 

Franco Americans 

There is a major problem in identifying Franco 
Americans, in part because they do not wish to be 
considered a "minority" group and in part because 
data collection procedures are inadequate. In 1977 
no Federal agency identified Franco Americans as 
a separate minority group, and the Maine Depart- 
ment of Education and most school systems did 
not have any statistical records on the number of 
Franco Americans or the number of students with 
French as their primary home language. 

Nonetheless, there is evidence that Franco 
Americans do not share equally in educational and 
economic benefits. A 1970 study showed that only 
26.9 percent of Franco Americans completed high 
school and 4.1 percent graduated from college. 
Approximately 38.6 percent of English-speaking 
persons graduated from high school and 9.7 per- 
cent graduated from college. 

Bilingual education is available in some school 
districts for no more than five consecutive grades. 



A bill to remove the 5 -year restriction was de- 
feated in 1977. There are no vocational bilingual 
programs. 

Unfinished Business 
Indians 

The Indians' land claims have exacerbated long- 
standing mistrust, animosity, and misunderstanding 
between Indian and non-Indian residents of the 
State. Both deep-seated racism and a lack of 
knowledge and appreciation for Indian culture 
have been reported to the Advisory Committee on 
numerous occasions. 

Public education through publications, public 
forums and other meetings, and more material on 
Indian history and culture in public school and 
university curricula are needed to promote un- 
derstanding between Indians and non-Indians. 
Equally important is the speedy conclusion of the 
negotiations on the Indian land claims. 

The long-neglected socioeconomic, educational, 
health, and housing problems of both on-reserva- 
tion and off-reservation Indians also must be ad- 
dressed. In its 1974 report. Federal and State Ser- 
vices and the Maine Indian, the Advisory Commit- 
tee cited unemployment rates as high as 60 per- 
cent on some reservations, inadequate housing, 
and serious health needs. These problems were 
documented again at a hearing held in Boston, 
Massachusetts, in April 1976, which was spon- 
sored by the Northeastern Regional Office of the 
U.S. Commission on Civil Rights and the Task 
Force on Terminated and Non-Federally Recog- 
nized Tribes of the Congressional American Indian 
Policy Review Commission. 

As a result of Passamaquoddy v. Morton, Bureau 
of Indian Affairs (BIA) and Indian Health Service 
(IHS) programs are now available to many Maine 
Indians. However, the budgets of these agencies 
are limited and the bulk of their services will con- 
tinue to go to reservation Indians in the Southwest 
and West. It is urgent, therefore, that other 
Federal departments, and particularly the State 
government, continue and increase aid to Maine 
Indians. In no case should State government and 
other Federal agencies reduce aid to Indians 
simply because BIA and IHS are now providing 
some services. 



85 



At least half the State's Indians live off-reserva- 
tion. Most of these Indians are members of the 
Micmac and Maliseet tribes, which are not eligible 
for BIA and IHS services because their reserva- 
tions are located in Canada, across "the white 
man's border." Establishing a unit on off-reserva- 
tion Indians within the Maine Department of Indi- 
an Affairs was a step in the right direction, but 
more needs to be done for these Indians, who are 
among the most disadvantaged. 

Franco Americans 

Of primary importance is collecting adequate 
socioeconomic data on this group in the 1980 and 
subsequent census studies. Once information is 
available, the Advisory Committee believes it will 
become clear to most persons that additional bilin- 
gual and special remedial programs need to be 
developed in the schools and that other programs 
must be established to meet the needs of the Fran- 
co American community. 

The Maine Advisory Committee has begun this 
process. In 1977 it conducted a survey on Franco 
American linguistic and cultural services and pro- 
grams in institutions of higher education as a first 
step in determining the State's bilingual educa- 
tional needs. Additional surveys are currently un- 
derway by the U.S. Department of Health, Educa- 
tion, and Welfare and other Federal agencies to 
confirm the need for expanded bilingual programs. 

Further, the Advisory Committee believes that 
most employers, though not required to do so by 
current Federal regulations, should include Franco 
Americans in the work force analysis of their affir- 
mative action plans and should develop specific 
goals and timetables for this group when necessa- 
ry. In a review of equal employment opportunity 
in the banking industry, the Advisory Committee 
documented the failure of Maine banks to identify 
Franco Americans as a group. 

Women's Rights 

In its 1974 statement on the employment of 
women by State government, the Advisory Com- 
mittee concluded that "for the women in the State 
equal employment opportunity remains a promise 
rather than a fact." In public and private employ- 
ment systems, as well as in other areas of life, af- 
firmative action plans and new legislation must be 
translated into concrete gains for women. 



Other areas where programs and services for 
women are needed include increased availability of 
low-cost or free abortion services, rape prevention 
and crisis programs, services for battered women, 
and day care programs. Finally, several women's 
groups in the State are planning a campaign to 
pass a State equal rights amendment in order to 
give momentum to the Federal ERA. 

Racism in l\/laine 

Although the black population is small and rela- 
tively concentrated, there is evidence that Maine 
has not escaped the racism which is a part of 
American society. In fact, the homogeneity of 
Maine's population supports stereotyping and an 
ethnocentric outlook toward other groups, which 
makes it more urgent to educate residents to live 
in a multiethnic, multicultural world. 

Maine Advisory Committee 
Members 

Shirley Elias Ezzy, Acting Chairperson 

Andrew Akins 

Laurence Bagley 

Claire Elaine Bolduc 

R. Neil Buxton 

Louise Chamberland 

Normand C. Dube 

Linda Dyer 

John B. Forster 

John Hanson 

Leonie B. Knowles 

Raymond A. LaFramboise 

John Marvin 

John R. McKernan, Jr. 

Erlene Paul 

Terrance Polchies 

Jane M. Riley 

Allen Sockabasin 

Nelly Wade 



86 



Maryland 



Maryland is a State of contrasts and variety, 
from the western counties in the Appalachians to 
the southern counties surrounded by the waters of 
the Chesapeake Bay. Annapolis, the historic port 
and current capital of the State, once served as the 
U.S. Capital. Baltimore is one of the country's lar- 
gest ports and industrial cities. 

Approximately 4 million people live in Mary- 
land, nearly half of them within the greater Bal- 
timore area. Another quarter of the State's popula- 
tion resides in Montgomery and Prince George's 
Counties, adjacent to Washington, D.C. Nearly 
700,000 (17.5 percent) of the citizens are black 
and about 45,000 (I percent) are of Hispanic 
origin. 

Civil Rights Developments 

Maryland became known as the "Free State" in 
1669 when religious tolerance became the law and 
made Maryland the only place in the western 
world where a citizen was free to practice his or 
her religion of choice. Maryland is also distin- 
guished as the first Southern State to abolish 
slavery. Maryland refused to secede from the 
Union and join the Confederacy. The State has 
had a long official history of concern with civil 
rights issues, establishing in 1927 a commission to 
consider the "welfare of colored people residing in 
the State." This commission has been in existence 
ever since and in 1975 had a staff of nearly 60 
persons. By 1975 there were also 16 local human 
relations commissions throughout the State. 

Nevertheless, civil rights as mandated by the 
Constitution and its 14th amendment, as well as by 
Federal statute, have been reluctantly granted to 
minority and female citizens of the State. In 1952, 
according to the Maryland Commission on Human 
Relations, blacks could sit only in the top balcony 
of Ford's Theatre in Baltimore; no black could 
perform on the stage of the Lyric Theatre; no 
black child could attend a white school; no black 
could be served in the leading department stores, 
and it was virtually impossible for a black to 



purchase a meal or even a cup of coffee in 
downtown Baltimore. 

Segregation of public accommodations was the 
front on which Maryland waged its early civil 
rights struggles. Heavy pressure opened the Lyric 
Theatre to Marian Anderson in January 1954. In 
1958 there were only 63 restaurants in the entire 
State that willingly served blacks. Foreign diplo- 
mats were frequently insulted by racial exclusion 
as late as October 1959. State parks were finally 
opened to all citizens in 1962 by a court order. 
Montgomery County and the city of Baltimore 
adopted open accommodations ordinances in 
1961, and a limited State law opened most facili- 
ties in I I of 22 counties and Baltimore in 1963. 
This act was expanded to cover the entire State in 
1971, and as late as 1975 the Maryland Commis- 
sion on Human Relations received 63 complaints 
regarding public accommodations discrimination. 

Agencies and Organizations 

The Urban League, the National Association for 
the Advancement of Colored People (NAACP), 
and the Congress for Racial Equality (CORE) 
have been important private organizations in the 
civil rights struggle, producing significant leaders 
at both the State and national levels. The Amer- 
ican Friends Service Committee (AFSC), the 
American Civil Liberties Union (ACLU), and the 
Baltimore Ministerial Alliance have also been a 
part of the widespread effort to achieve civil rights 
in Maryland. 

Among the public organizations, the most sig- 
nificant has been the Maryland Commission on 
Human Relations (MCHR), which also helped to 
establish active local commissions. The first local 
commission was established in Montgomery Coun- 
ty in 1961 and the second in Baltimore City. 
Today there are 16 such local commissions. 

At the Federal level, the Equal Employment Op- 
portunity Commission, the community action 
agencies established under the Office of Economic 
Opportunity, and the Maryland Advisory Commit- 
tee established by the U.S. Commission on Civil 



87 



Rights in 1962 have continued to influence civil 
rights issues in the State. 

The Maryland Commission on the Status of 
Women was initially created by executive order in 
July 1965 to study developments and recommend 
new legislation to protect and guarantee the rights 
of Maryland women. A second commission was 
appointed in 1968 and a permanent commission 
was created bylegislative authority in 1971. 

Women 

Maryland passed an equal pay for equal work 
law in 1966. In 1972 the commission organized a 
coalition that helped win passage of the Equal 
Rights Amendment. The State, through the leader- 
ship of the commission and the network of 
women's organizations, has enacted protective 
legislation in such areas as employment, credit, 
abortion, maternity insurance, domestic law, rape, 
and sex discrimination. 

Voting and Political Representation 

In 1970 apparent irregularities in voting 
procedures in Baltimore's Seventh Congressional 
District provided another example of the re- 
sistance to full black participation in community 
life. Substantial numbers of black voters were 
prevented from exercising their right to vote 
because of irregularities which included late open- 
ing of polling places, last minute changes of 
polling places, inoperative voting machines, and 
incorrect delivery of voting machines to predomi- 
nantly black precincts. The Maryland Advisory 
Committee, after investigating the allegations, re- 
ported that "as with many other municipal ser- 
vices, the black community was again being 
treated in a 'second class' manner." 

Of 198 individuals representing Maryland 
citizens in 1976 in the U.S. Senate and House of 
Representatives and the Maryland Legislature, 17 
were black men, 3 were black women, and 16 
were white women. Exactly half of the State's 
delegates to the U.S. House of Representatives 
were blacks or women; both Senators were white 
males. The State senate's portion of blacks and 
women was 14.9 percent, while the portion in the 
lower house was about 21.3 percent. No racial 
minorities other than blacks held elective office. 

In addition to these offices, many county and 
local offices were held by minorities and women in 



1976. Fourteen women, including one black 
woman, served on county commissions; two black 
men held elective office at the county level. At the 
mayoral level, there were seven black men, one 
black woman, and four white women. Nearly 100 
other municipal offices and judgeships are held by 
minorities and women throughout the State. 

School Desegregation 

School desegregation and equal educational op- 
portunity in Maryland has been a continuing issue 
since 1954. An open enrollment policy was in- 
stituted in Baltimore that year. However, changing 
popular and legal definitions of the issue, the flight 
of whites from the cities, and continued resistance 
to desegregated schools have prolonged the 
process into the late 1970s. School desegregation 
in the early sixties was said to exist if one or more 
minority students were enrolled in a white school. 
Prince George's County finally desegregated under 
a court order in 1973. 

Black teachers and principals frequently found 
their advancement and opportunities limited and 
have experienced demotions and layoffs upon the 
implementation of school desegregation. The 
Maryland Advisory Committee is currently study- 
ing the issue. Equal opportunity in higher educa- 
tion is also an issue far from resolved. Traditional 
black and white universities and colleges continue 
to be either black or white. 

Employment 

In 1964 the Maryland Advisory Committee re- 
ported that the lack of equal opportunity in em- 
ployment for blacks may well have been the deci- 
sive factor behind racial tension in Maryland. The 
Committee pointed out the almost total exclusion 
of black workers in any phase of government-con- 
nected employment except at menial levels. In 
1965 the Advisory Committee called upon top 
State officials to provide decisive leadership by en- 
forcing antidiscrimination laws and giving the 
Maryland Commission on Interracial Problems aijd 
Relations enforcement powers. 

Although the city of Baltimore had created its 
own equal employment opportunity commission in 
1956, the agency had no enforcement powers, and 
efforts to abolish it were made by local business 
groups. In 1965 a State fair employment practices 
law was enacted, the same year that the U.S. 



88 



Equal Employment Opportunity Commission 
(EEOC) beca.Tie operative. 

By 1970 the Maryland Commission on Human 
Relations had established a close working relation- 
ship with the Baltimore district of the EEOC. 
Through this close cooperation, the MCHR 
processed a greater number of employment com- 
plaints than any other State or local agency in the 
country. 

In 1974 the Maryland Advisory Committee, 
which has monitored employment discrimination 
practices in the State since 1964, documented dis- 
crimination in employment in the construction in- 
dustry in Baltimore and the continuing lack of 
equal employment opportunities for minorities. 

The most recent development is the passage of 
legislation in 1977 which provided MCHR with 
authority to award monetary damages (such as 
back pay) in cases where discrimination is found. 
The number of employment discrimination com- 
plaints to MCHR continues to grow each year. 
Twenty-three complaints were received in 1966, 
175 in 1969, more than 1,000 in 1972, and more 
than 2,000 in 1975. 

Housing 

Housing has continued to be a critical factor in 
the effort to achieve equality. In 1959 the Mary- 
land Commission on Interracial Problems and 
Relations reported that the housing industry did 
not treat blacks as full and equal consumers and 
accepted racial segregation in housing as normal. 

The Maryland Advisory Committee reported in 
1961 that the principal problem was mortgage 
financing. Also, restrictive covenants and real 
estate practices made it impossible for minorities 
to find housing in other than all-minority neighbor- 
hoods. 

In an effort to combat housing discrimination, a 
cooperative effort of several agencies in 1958 
created Baltimore Neighborhoods, Inc. Among its 
objectives were to maintain stability, to protect 
neighborhoods against exploitation, and to stimu- 
late open occupancy in the sale and rental of 
housing. 

A law prohibiting discrimination in housing was 
enacted by the State legislature in 1967, and 
though limited, it was defeated in a public 
referendum in November 1968. Another fair hous- 
ing law was not enacted until 1971. 



Rural areas have also been confronted with 
housing problems. In 1971 the Maryland Advisory 
Committee reported that low- and moderate-in- 
come housing on the upper Eastern Shore was in 
short supply. Much of the housing was substandard 
and lacked indoor toilet facilities. "In Kent Nar- 
rows," the report stated, "none of the housing oc- 
cupied by Negroes contains plumbing and indoor 
toilet facilities." This report highlighted the fact 
that private owners and public officials alike had 
ignored the quality of housing in which blacks 
were forced to live. 

During the 1950s and 1960s significant numbers 
of white residents left the cities and settled in ad- 
jacent counties. Mortgage financing institutions 
assisted this migration by refusing to provide loans 
in certain inner-city areas. Federal housing pro- 
grams supported the migration by facilitating sub- 
urban development. Montgomery and Prince 
George's Counties experienced enormous growth 
as citizens left Washington, DC; Baltimore Coun- 
ty has been called the classic example of the white 
noose around a city with a majority black popula- 
tion. 

Few of the housing problems experienced in the 
sixties have been solved for minorities or women. 
The community relations commission of Baltimore 
County studied the problem in 1972 and observed 
many specific instances of covert discrimination in 
practice. The commission listed 53 recommenda- 
tions aimed at ensuring fair housing, the last of 
which reads, "Enforce fair housing laws more 
strictly." 

Unfinished Business 

The primary unfinished civil rights business in 
Maryland is for the white majority to accept the 
mandate of the U.S. Constitution and the tradi- 
tions of the Free State, and willingly accord these 
rights to all citizens of the State. 

With the possible exception of public accom- 
modations, all the issues mentioned here are un- 
resolved. Discrimination complaints continue to in- 
crease, suggesting that blacks, Hispanics, women, 
and others still feel the denial of rights which 
white men take for granted. 

The numbers of blacks and women elected to 
public office are impressive when viewed as gains 
from a base of zero 20 years ago, but lose lustre 
when compared with the ideal representation 



89 



called for by conditions in the State. Minority and 
female citizens account for 60 percent of the 
State's population but only 20 percent of its State 
and Federal elective positions. 

Equal opportunity in higher education is a con- 
tinuing concern. Discrimination against citizens 
seeking employment is still deeply entrenched in 
Maryland despite increases in the strengths and 
abilities of the agencies monitoring such dis- 
crimination. 

The appearance of housing discrimination may 
have changed, but the problem remains one of the 
most insidious facing minorities. 

The Maryland Advisory Committee will con- 
tinue to monitor and publicize the denial of equal 
protection of the laws to citizens due to their race, 
color, religion, national origin, or sex. 

During the 15 months from July 1, 1975, until 
September 30, 1976, Maryland received nearly 
$1.5 billion in Federal financial assistance. These 
funds reach into and affect the life of every citizen 
of Maryland. Section 601 of Title VI of the Civil 
Rights Act of 1964, as amended, prohibits dis- 
crimination in programs receiving Federal financial 
assistance. The Federal monetary contribution to 
Maryland may represent the key to realizing the 
ideals of the Free State for all citizens. Every 
citizen should share in the benefits of that Federal 
financial assistance equitably. 

The Maryland Advisory Committee urges all 
Maryland organizations and individuals to assure 
the achievement of full civil rights for all citizens 
of the Free State. 



Maryland Advisory Committee 
Members 

Marjorie K. Smith, Chairperson 

Lane K. Berk 

Bert Booth 

Rudolph Cane 

Melvin H. Chiogioji 

Guillermo Diaz-Fontana 

Jeffrey Evans 

Jacqueline D. Fassett 

Idamae Carrot 

Richard Grumbacher 

Eloise Hall 

Delores C. Hunt 

Mary Loker 

Emilia Montes 

Daniel I. Nitzberg 

William J. Thompson 

H. DeWayne Whittington 

Chester L. Wickwire 



90 



Massachusetts 



In recent years the population profile of Mas- 
sachusetts has changed dramatically. According to 
the 1970 census, Massachusetts had a population 
of 5,689,170. Of those, 175,817 (3.1 percent) 
were black, 64,860 (1.1 percent) were Hispanic, 
20,766 (0.4 percent) were Asian American, and 
4,475 were American Indians. A total of 
2,969,772 were women. 

Official and private sources estimated the total 
population in 1976 to be 5,829,000. The black 
population had grown to almost 4 percent largely 
because of immigration from the Caribbean coun- 
tries and Cape Verde Islands; the Hispanic popula- 
tion increased to 1 .4 percent and the members of 
other minority groups to 0.4 percent. As the num- 
bers of minorities in Massachusetts have increased, 
opposition to them has intensified. 

Boston is the State's capital and largest city. In 
1970, it ranked 16th nationally in population size 
and 5th in density of population. From 1960 to 
1970 the black population rose from 63,165 to 
105,000, the third greatest increase of blacks in 
the country. In 1970, Boston ranked 13th in its 
Hispanic population. Blacks, Hispanics, and Asian 
Americans continue to move to the city. More 
than one third of Boston's population is foreign 
born. 

Worcester is the second-largest city, and like 
Springfield and New Bedford, has growing minori- 
ty populations. In New Bedford approximately 40 
percent of the population is estimated to be of 
Portuguese extraction. The Portuguese community 
includes black Cape Verdeans and whites from the 
Azores. Many Cape Verdeans were misrepresented 
in the 1970 census because the Portuguese-speak- 
ing community was generally listed as white. 

The Hispanic community is the fastest growing 
ethnic group in the State. In addition to Puerto 
Ricans, there are also sizable communities of Cu- 
bans, Dominicans, and Central and South Amer- 
icans. Unlike blacks, who tend to be concentrated 
in a few urban areas, increasing numbers of 
Hispanics are located in numerous smaller and 



medium-sized communities, as well as the larger 
cities. 

In 1975, according to the Massachusetts Em- 
ployment Security Commission, the State had an 
unemployment rate of 11.2 percent. Blacks had 
the highest unemployment rate of any single 
minority group with 20.6 percent. The unemploy- 
ment rate for Hispanics was 15.5 percent. For 
other minority groups the rate was 13.1 percent, 
and for women it was 12 percent. By 1977, 
because of a new method of computing such 
statistics, the unemployment rate for the State as 
a whole had fallen to 7 percent. However, persons 
in the State estimated that the unemployment rate 
continued to be unconscionably high for specific 
minority groups such as black and Hispanic 
youths, approximately 30 percent and 20 percent, 
respectively. 

The median annual income of minority groups 
in Massachusetts continues to be approximately 
one-third less than that of whites. In Boston, in 
1970 the median income for white families was 
$9,133; 13.8 percent of white families received 
public assistance and 11.7 percent earned below 
the poverty level. The median income for black 
families was $6,346. Approximately 31.7 percent 
of black families received public assistance and 
25.3 percent earned below the poverty level. The 
median income for Puerto Rican families was 
$5,857. A total of 30.8 percent earned less than 
the poverty level. Many of the problems of Puerto 
Ricans in Boston and Springfield were documented 
in a report, Issues of Concern to Puerto Ricans in 
Boston and Springfield, issued by the Massachusetts 
Advisory Committee in February 1972. 

Civil Rights Developments 
Enforcement 

State government has continued to play a role in 
many areas of civil rights. Local government, par- 
ticularly the small units such as counties and 
towns, have made few gains. 



91 



The Massachusetts Commission Against Dis- 
crimination (MCAD), which was created in 1946, 
is the major civil rights enforcement agency in the 
State. Its jurisdiction, which has been expanded 
considerably since the commission was created in 
1946, includes discrimination on the basis of race, 
color, creed, national origin, physical and mental 
handicap, and sex. 

The commission was reorganized in 1976 and 
three full-time, salaried commissioners were ap- 
pointed in place of four part-time commissioners 
in order to strengthen the agency. One of the new 
commissioners is Alex Rodriguez, a member of the 
Massachusetts Advisory Committee. 

The Massachusetts Commission on the Status of 
Women was created by executive order in 1971. 
This commission, which had a budget of $28,600 
in 1977, conducts educational programs and stu- 
dies on major issues of concern to women. As of 
July 1977 it was composed of 40 female commis- 
sioners appointed by the Governor. It has no en- 
forcement powers. 

The Massachusetts Commission on Indian Af- 
fairs was created by legislation in 1974. This com- 
mission is composed of seven members all of 
whom must be Indian. Its jurisdiction includes in- 
vestigating problems of Indians in the State, 
providing assistance to the tribal councils and Indi- 
an organizations, and advising State government 
on Indian affairs. Indian groups have charged that 
the commission is understaffed and underfunded. 

The State legislature also has taken several steps 
in the area of education. Of greatest significance 
is the State's Racial Imbalance Act of 1965 man- 
dating all public schools within the State to be ra- 
cially balanced. In the face of mounting opposition 
by antibusing forces, this act was amended in 1977 
by chapter 631 which no longer requires racial 
balance to be established but permits black stu- 
dents to transfer from majority black to majority 
white schools in another part of the city. 

In June 1976 Governor Michael Dukakis issued 
an executive order delineating the State govern- 
ment's relations with Indian groups. The order 
established the Boston Indian Council as the 
State's liaison with the Wabanaki, increased the 
authority of the commission on Indian affairs, and 
gave the Mashpee and Gay Head tribal councils 
policymaking power over the last Wampanoag 
reservation in the State. 



In addition, other executive orders established 
an office of minority business enterprise in May 
1972 and a commission on the rights of the disa- 
bled in November 1974. In August 1977 Governor 
Dukakis issued executive order no. 137 creating 
the Governor's Advisory Council on Puerto Rican 
and Hispanic Affairs to advise on problems con- 
fronting the State's Hispanics. 

Public Employment 

Two other executive orders are of sig- 
nificance — executive orders nos. 74 and 116, 
which require affirmative action in the hiring and 
promoting of minorities and women. The orders, 
which resemble orders in the previous administra- 
tion, require all State departments to develop an 
affirmative action plan with written goals and 
timetables and to take other steps to promote 
equality of employment opportunity. 

For a number of years the Advisory Committee 
has vigorously pursued the cause of equal employ- 
ment opportunity in State employment. The first 
executive orders on this subject were issued after 
an Advisory Committee study of affirmative action 
in State government which included a major public 
hearing in Boston in June 1974. The Advisory 
Committee has continued to evaluate State per- 
formance including meetings and correspondence 
with the Governor and other officials and the is- 
suance of periodic statements. 

In 1976 the Advisory Committee expanded its 
work to county and local governments in 
southeastern Massachusetts. Onsite assessments of 
the affirmative action postures of Bristol, Barnsta- 
ble, and Plymouth Counties and, in part as a direct 
result of this review, Barnstable County issued an 
executive order requiring affirmative action in 
county government in June 1977. 

In 1972 the NAACP filed suit in the Federal dis- 
trict court in Boston alleging discrimination in the 
State's procedure for selecting police and fire of- 
ficers for State and local governments {Boston 
Chapter N.A.A.C.P. v. Nancy Beecher). In 1973 the 
U.S. Department of Justice filed a similar suit 
against the city of Boston {United States of Amer- 
ica V. the City of Boston). In both instances the 
Federal court ordered that minority and non- 
minority candidates be selected on a one-to-one 
basis. 



92 



EEO in the Construction Industry 

Recent advances in affirmative action also took 
place in certain publicly financed construction 
projects. The Advisory Committee called for an 
areawide plan in Boston for increasing minority 
participation in jobs in the construction industry. 
In 1970 informal hearings were held in Boston to 
document the underrepresentation of minorities in 
the skilled trades and to explore various remedial 
programs. The Boston Federal Executive Board 
(FEB) was enlisted to aid in convincing the U.S. 
Department of Labor to order a Boston plan. 

After a succession of Boston plans proved inef- 
fective in significantly increasing nonwhite workers 
on construction jobs, the minority community peti- 
tioned State and local governments for specific 
minority set-asides in public construction con- 
tracts. The State has accepted the minority or- 
ganizations' goal of 50 percent minority work 
forces on construction sites located in the minority 
community and 30 percent elsewhere in the 
Boston area. The signing of the Boston State Col- 
lege contract in 1976 with a specific minority set- 
aside for workers and subcontractors represented a 
significant step in the long struggle for equal em- 
ployment opportunities in the construction indus- 
try. 

Education 

In 1965 the State board of education ordered 
the Boston School Committee to implement the 
Racial Imbalance Law. A long and complicated se- 
ries of court battles followed, in which Federal 
District Judge W. Arthur Garrity, Jr., found in 
Morgan v. Hennigan that the school committee 
had deliberately maintained a dual school system 
for white and black students. 

Phase I of the court-ordered desegregation plan 
went into effect in September 1974, affecting ap- 
proximately 80 of the city's 200 schools. Phase I 
saw an outbreak of violence and disorder in South 
Boston and other areas of the city; in a few short 
weeks Boston became known as the "hate capital" 
of the North. Phase II, which went into effect in 
the following year, created 8 community school 
districts and a citywide district with 22 magnet 
schools. Charlestown, for the first time, was in- 
cluded in the desegregation plan, but East Boston, 
a major area of the city, was excluded. Phase IIB 
went into effect in the fall of 1976 and resulted in 



only minor changes, as Judge Garrity indicated 
that he wanted to provide a period of stability. 

In July 1974 the State legislature amended the 
Racial Imbalance Law with chapter 636. It pro- 
vided funds for magnet programs and schools and 
for educational programs in desegregating school 
districts. In addition, it provided for the reimburse- 
ment of suburban school districts for per pupil and 
transportation costs for the approximately 3,000 
minority students who attend desegregated subur- 
ban schools under the METCO program. Finally, 
chapter 636 reimburses school districts for trans- 
portation of students when such movement 
reduces racial imbalance in a school. 

Another important action by the legislature was 
the enactment of chapter 622 in 1971. This law 
prohibits discrimination on the basis of race, color, 
sex, religion, or national origin in admission to 
public schools and school programs and courses. 
Its major impact has been in the area of sex dis- 
crimination. 

School desegregation in Boston and Springfield 
became an item of the highest priority for the 
Massachusetts Advisory Committee. In 1974, 
because of the continued unrest in the schools and 
a growing awareness that local. State, and Federal 
Governments were not prepared to deal with the 
crisis, the Advisory Committee took a number of 
steps. First, it expanded its membership by adding 
persons who were knowledgeable on the subject; it 
sought information in the schools and neighbor- 
hoods and established liaison with public and 
private agencies; and finally, it urged the U.S. 
Commission on Civil Rights to hold a major public 
hearing in the city. 

The Commission held a 5-day public hearing in 
Boston in June 1975 at which over 100 witnesses 
representing a wide spectrum of views testified. In 
its report, Desegregating Boston's Public 
Schools — A Crisis in Civic Responsibility, the Com- 
mission called for increased Federal presence, in- 
cluding the assignment of FBI agents and Federal 
marshals for the opening of school in the fall of 
1975. The presence of large numbers of Federal 
law enforcement officers on the streets of Boston 
was the major factor in the relatively peaceful 
opening of the schools under Phase II. In addition, 
the Commission recommended many other steps 
including placing the Boston school system under 
receivership if the Boston School Committee failed 



93 



to take affirmative steps to implement the court's 
orders. This recommendation was implemented, in 
part, by Judge Garrity, who placed South Boston 
High School and the school committee's 
desegregation planning office under receivership. 

In January 1976, at the request of the Commis- 
sion, the Advisory Committee conducted a study 
to determine the degree to which the Commis- 
sion's 71 recon:imendations had been implemented 
and reported that most had been implemented in 
full or in part. 

During Phase II the Advisory Committee held 
three meetings with business, religious, and social 
service leaders of the city to discuss the Commis- 
sion's report and to urge action by these segments 
of the community. 

In March 1976 the Advisory Committee held an 
all-day conference of Catholic, Protestant, and 
Jewish religious and lay leaders to discuss school 
desegregation and to explore methods of imple- 
menting the Commission's recommendations. 
More than 800 participants attended the March 22 
session which was cosponsored by a planning com- 
mittee of religious and lay leaders. Since then, the 
Advisory Committee has continued to monitor the 
Boston public school situation. 

In Springfield, the Advisory Committee col- 
lected data and interviewed public officials, school 
department staff, parents, and students to analyze 
the successes and failures of the desegregation of 
the public elementary schools. A report entitled 
The Six-Dislrict Plan: The Desegregation of the 
Springfield, Mass., Public Elementary Schools was 
issued in March 1976. The report contrasted the 
roles played by political leaders and public offi- 
cials in that city with actions taken in Boston. 

Housing 

Modest gains have been made in private housing 
due to the enactment of Federal and State fair 
housing laws, the vigilance of fair housing groups, 
and the fact that more minorities earn enough to 
compete for better housing. While most suburban 
communities have a few token minority families, 
most blacks and Puerto Ricans are still locked into 
inner-city neighborhoods and the suburbs remain 
virtually all white. Massachusetts' "anti-snob zon- 
ing law," one of the first in the Nation, represents 
progress in this field even though to date its im- 
pact on residential housing patterns has been 
negligible. 



The Advisory Committee studied the problem of 
segregated housing patterns in metropolitan 
Boston in the early 1970s and issued a report in 
conjunction with the Massachusetts Commission 
against Discrimination in January 1975. This re- 
port, Route 128: Boston's Road to Segregation, con- 
cluded that blacks pay "proportionately more for 
poorer quality housing" than whites. Citing exclu- 
sionary zoning practices, the failure of many low- 
and moderate-income housing programs, and inade- 
quate transportation as factors contributing to 
segregated housing, the report laid much of the 
blame on suburban public officials, State and Fed- 
eral officials who failed to enforce existing fair 
housing legislation, and State and Federal agencies 
which failed to use available funds to integrate the 
suburbs. 

Women's Issues 

In 1972 the Massachusetts Legislature was 
among the first in the Nation to ratify the Federal 
Equal Rights Amendment (ERA). In 1976, after 
an intensive campaign by women's groups and 
others, the voters in a referendum added to the 
State constitution an ERA which prohibited dis- 
crimination on the basis of sex, race, color, creed, 
and national origin. The Advisory Committee 
widely circulated its analysis of the proposal and 
carried out programs to educate the public on the 
issues. 

Other gains included the following legislation: 

• Chapter 168 of the acts of 1973 prohibits dis- 
crimination based on sex or marital status in the 
furnishing of credit and other services by banks 
and financial institutions; 

• Chapter 848 of the acts of 1974 provides in- 
come tax deductions for child care and indepen- 
dent care costs incurred by working parents; 

• Chapter 698 of the acts of 1975 establishes 
no fault divorce; 

• Chapter 582 of the acts of 1973 permits 
mothers of children under 16 to serve on juries. 

Unfinished Business 

While school desegregation and the racism 
which has surrounded the subject have been the 
primary concern of civil rights groups in Boston 
and other parts of Massachusetts, this is only one 
part of the unfinished business of civil rights in the 
Commonwealth. Throughout the State there are 



94 



tensions and unresolved issues— Indians land 
claims on the Cape, school desegregation in 
Boston, and the condition of Hispanics in Wor- 
cester. No attempt will be made to cite all of the 
civil rights deficiencies of the State, but the follow- 
ing are those which the Massachusetts Advisory 
Committee singles out for attention. 

Education 

While violence was kept to a minimum in the 
1976-77 school year in Boston, the absence of 
violence is hardly an indication that the school 
system is providing quality, desegregated educa- 
tion. The achievement of this goal remains an im- 
portant item on the agenda of unfmished business. 

As Judge Garrity gradually withdraws from ad- 
ministering the school system and returns control 
to the Boston School Committee, the role of 
parents and citizens becomes increasingly crucial. 
The attempt on the part of the minority communi- 
ty to increase its representation on the all-white 
school committee by having the courts require dis- 
trict rather than at-large elections met with failure. 
Nonetheless, the extensive network of citizen and 
parental committees created by Judge Garri- 
ty — racial-ethnic parent councils at local schools, 
district level advisory committees (CDAC), the ci- 
tywide parent advisory council (CPAC) — has 
greatly increased parental involvement, both black 
and white. In addition, the universities and the 
business community have become involved with 
the schools. At this juncture, continued and in- 
creased parental and community participation in 
the school system needs to be assured as the best 
guarantee that Boston's public schools will move 
steadily toward quality, integrated education. 

The need to identify and provide services for the 
growing number of Hispanic and other non-En- 
glish-speaking students remains a major concern in 
Boston and other cities in the State. A particular 
problem is the increasing dispersion of bilingual 
programs and the failure of many school systems 
to identify and classify Hispanic students properly. 

Finally the underrepresentation of minority 
teachers and administrators in the Boston public 
schools and throughout the State should be cor- 
rected. 



Employment 

The unfmished business of public employment is 
to ensure that the mechanisms created in the 
1970s for equal employment opportunities are 
maintained and strengthened, so that gains made 
are not wiped out in periods of relatively little hir- 
ing and retrenchment. This becomes increasingly 
important in the face of growing attacks on the 
concept of affirmative action. 

However, smaller governmental units (counties, 
towns, and cities) for the most part have done 
very little to establish mechanisms for affirmative 
action. Pressure must be applied to these public 
employers to improve equal employment opportu- 
nity. 

Many jobs have been created by Federal money 
under programs such as General Revenue Sharing, 
Comprehensive Education and Training Act, Com- 
munity Development Act (CDA), and the Emer- 
gency Public Works Act (EPA). These jobs, which 
are covered by Federal nondiscrimination and af- 
firmative action requirements also should be moni- 
tored. Of particular concern to the Advisory Com- 
mittee is the failure of the U.S. Department of 
Housing and Urban Development (HUD) to en- 
sure civil rights compliance in the CDA block 
grant program. After careful study, the MCAD has 
called for the disapproval of the Boston, New 
Bedford, and Lynn programs, but HUD has been 
unresponsive. In the area of private employment, 
one problem, highlighted in the Advisory Commit- 
tee's study Route 128: Boston's Road to Segrega- 
tion, is the movement of jobs from the inner city 
where minorities live to the suburbs where minori- 
ties, especially workers, have difficulty finding 
housing. Also, more attention needs to be directed 
to private employers who contract with govern- 
ment at all levels. Existing contract compliance 
programs are grossly inadequate. 

Housing 

The old concept of massive public housing pro- 
jects for the poor has been thoroughly discredited, 
but the need for decent housing for those at the 
bottom of the economic ladder remains. The Ad- 
visory Committee's report on Route 128 docu- 
ments how hundreds of local public officials in 
scores of suburban communities have effectively 
blocked the construction of small, garden-type 
public housing. On the other hand, the develop- 



95 



ment of the southwest corridor in Boston, with the 
full participation of inner-city residents through 
the Southwest Corridor Coalition, is an example 
for urban planners to study. The development of 
low- and moderate-cost housing open to all per- 
sons, with appropriate neighborhood facilities and 
with the full participation of inner-city residents, in 
both the city and its suburbs, is a critical area of 
unfinished business. 

Women's Rights 

Employment remains a major concern. For the 
most part, the affirmative action plans are in 
place. The challenge now is to translate policies on 
paper to jobs for women. In so doing care must be 
exercised to ensure that black, Hispanic, and other 
minority women participate fully in the gains. 
Low-income women require adequate child care 
facilities to permit them to enter the labor market. 

While some beginnings have been made in the 
city of Boston, the rest of the State has done very 
little toward meeting the needs of battered women 
and providing rape prevention and treatment pro- 
grams, and low-cost or free abortion services for 
indigent women. 

Hispanic Americans 

One area requiring urgent attention is relations 
between the police department and the Hispanic 
community in a number of cities. Springfield and 
Worcester have recently had serious incidents. The 
Advisory Committee has studied confrontations 
between the police and the black community in 
New Bedford and published its recommendations 
in the report Police-Community Relations in New 
Bedford. In almost every other area — employment, 
housing, education, health, and welfare — the 
Hispanic community has special needs which 
should be recognized and addressed. 

In the area of State government, the Northeast- 
ern Regional Office of the Commission on Civil 
Rights began working with the State registrar's of- 
fice to include an Hispanic identifier on its vital 
statistics records. Many in the State feel that this 
is particularly important in order to document ac- 
curately the growing Hispanic community in the 
State. 



American Indians 

As a result in part of the growing movement of 
non-federally-recognized Indians in the northeast and 
the success of the Penobscot and Passamaquoddy 
tribes in Maine, Indians throughout the State have 
organized in the past 10 years. Of particular sig- 
nificance is the claim of Wampanoag Indians to 
considerable land in the town of Mashpee on Cape 
Cod. With title to much of the land being questioned, 
the suit has had serious effects on real estate trans- 
actions in the town and tied up Federal public works 
and other funds. 

As a result of their suit, Indians allege, relations 
between the Indian and non-Indian communities 
have deteriorated. The Wampanoags say that mem- 
bers of their tribe have been harassed and fired from 
their jobs; the Wampanoag woman who served for 
many years as director of the Indian museum has 
been fired and a white woman hired in her place. 

Tlie Rest of the Iceberg 

Because of its limited resources, the Advisory Com- 
mittee has been unable to study and comment on a 
whole range of issues — among them are racism and 
sexism in textbooks and curricular materials, ineffec- 
tive affirmative action plans in private industry, 
welfare and economic security issues, health services 
for minorities and women, problems of the aging, 
and discrimination on the basis of sexual orientation. 
Recognizing as we do that the battle for full civil 
rights for all persons is a never-ending struggle, the 
Advisory Committee, proud of its past accomplish- 
ments, looks forward to a future of more effective 
work in the field of civil rights. 



96 

Massachusetts Advisory 
Committee Members 

Julius Bernstein, Chairperson 

Bradford E. Brown 

Sylvia J. "Tracy" Amalfitano 

Ema Balantine Bryant 

Nonnie Burns 

Caroline J. Chang 

Mario Clavell 

Leroy Cragwell 

Raymon W. Eldridge 

Sixto Escobar 

Ellen B. Feingold 

Dorothy L. Forbes 

Eugenia Fortes 

Arthur J. Gartland 

David B. Goldberg 

Patricia Goler 

Mark Good 

Argelia M. Hermenet 

Dorothy Jones 

Margot C. Lindsay 

Maria C. Montalvo 

Evelyn D. Morash 

Robert Moy 

Russell Peters 

Alexander Rodriguez 

Ilene S. Rudman 

William G. Saltonstall 

Clifford Gordon Saunders 

Michael J.Schippani 

Victoria Schuck 

Vernon Sport 

Robert C. Volante 

Claudia E. Wayne 

Donald W. White 



Michigan 



97 



Michigan gained just over a million people 
between 1960 and 1970. The 1970 census put the 
population at 8,875,083. Nearly 1 million (11.2 
percent) were black; 120,637 (1.4 percent) were 
Hispanic; 16,854 (0.2 percent) were American In- 
dians; and 14,285 (0.16 percent) were Asian 
Americans. 

The minority population has been increasing. 
Between 1960 and 1970, the black population 
recorded a 38.1 percent gain. The American Indi- 
an population increased 73.7 percent and Asian 
Americans grew 88.5 percent. 

The State is divided geographically by the Upper 
and Lower Peninsulas, but the majority of both the 
population and industry is located in the Lower 
Peninsula. Ninety percent of Michigan's industry is 
concentrated in the southern portion of the Lower 
Peninsula. 

Minorities, especially Indians, and the general 
population of the Upper Peninsula do not have a 
labor market that reflects the same economic ac- 
tivity as the rest of the State. Unemployment in 
Upper Peninsula counties is generally well over 1 5 
percent, with the rate for Indians at least double 
that of the general population. 

The Detroit Standard Metropolitan Statistical 
Area (SMSA) has the highest concentration of 
minorities in the State with 19 percent of the total 
minority population. In the city of Detroit, minori- 
ty concentration is even higher. For example, 
minorities in the city are 41.3 percent of the labor 
force. 

Based on a Michigan State University research 
report, Detroit officials have accused the U.S. Bu- 
reau of Labor Statistics of producing significantly 
distorted unemployment figures for the city of 
Detroit, and by implication, for other large cities. 
The report claims to find a 33 percent unemploy- 
ment rate in Detroit overall in February 1977, 
with inner-city areas over 40 percent. 

State controls on local finance are very stringent 
in Michigan, and the city of Detroit has been 
reducing its work force significantly for some time. 



City services are decreasing and Detroit popula- 
tion has declined, according to State demog- 
raphers in the civil rights field. 

New Detroit, Inc., founded in 1967 following 
the urban unrest in that city, is a coalition of busi- 
ness, labor, government, and other civic groups. It 
is a privately-funded organization which attempts 
to deal with a diverse range of social concerns in 
Detroit, such as education, employment, communi- 
ty development, public safety, health, and welfare. 
The officers include such noted people as Henry 
Ford II, Thomas A. Murphy, and Leonard Wood- 
cock. 

Civil Rights Developments 
Enforcement 

Michigan has a long history of State legislation 
in civil rights. For example, Michigan's 1867 
statute prohibiting discrimination in schools was 
upheld by the Michigan Supreme Court in 1869 
when it ruled that resident children have an equal 
right to public education without exclusion 
because of race, color, or religion. In 1885 the 
State legislature established the civil rights of all 
Michigan citizens to the use of all places of public 
accommodation. 

In 1955 Michigan enacted a Fair Employment 
Practices Act. In 1963 the State established the 
Michigan Civil Rights Commission charged with 
specific authority "to investigate alleged dis- 
crimination against any person because of race, 
color, religion, or national origin in the enjoyment 
of the civil rights guaranteed by law and by con- 
stitution, and to secure protection of such civil 
rights." In 1968 the Michigan Fair Housing Act 
was passed. 

On December 2, 1975, after considerable urging 
by the Michigan Civil Rights Commission, Gover- 
nor William G. Milliken directed the Michigan De- 
partment of Civil Rights to monitor all grants com- 
ing to and through the State to ensure that no 
funds be used to create or perpetuate patterns of 
discrimination. Executive directive no. 1975-6 ef- 



98 



fectively assigns the department of civil rights 
monitoring and contract compliance authority over 
all federally-funded programs which pass through 
the State government to local communities, State 
agencies, and individual State institutions. The de- 
partment has drafted statewide regulations and is 
working toward analogous orders covering general 
revenue sharing and HUD funds. 

After 3 years and seven drafts, the State of 
Michigan passed into law a comprehensive civil 
rights act. The new law, which was signed by 
Governor Milliken on January 13, 1977, took ef- 
fect on April 1, 1977, and consolidates the State's 
present civil rights laws and expands its protection 
to forbid sex discrimination in education and dis- 
crimination in public accommodations. 

Under the new law, employment discrimination 
based on race, religion, color, national origin, age, 
sex, height, weight, or marital status; housing dis- 
crimination based on race, religion, color, national 
origin, age, sex, marital status, or handicap; educa- 
tion discrimination based on race, sex, religion, 
color, or national origin; and discrimination in ac- 
cess to public accommodations and public services 
based on race, religion, color, national origin, sex, 
age, or marital status are prohibited. 

Civil Rights for the Handicapped 

The Michigan Handicappers' Civil Rights Act 
was passed in July 1976. The act defines the civil 
rights of individuals who have handicaps and 
prohibits discriminatory practices, policies, and 
customs in the exercise of those rights. The act is 
administered by the Michigan Civil Rights Com- 
mission and covers employment, education, hous- 
ing, public accommodations, and public services 
discrimination. 

School Desegregation 

Several major Michigan cities have found them- 
selves in court on the issue of school desegrega- 
tion. As a result of Bradley v. Milliken, Detroit 
finally implemented a "Detroit-only" desegrega- 
tion plan in January 1976. In spite of the long and 
difficult process of the court suit, the actual imple- 
mentation of the plan was peaceful and orderly, 
although problems remain in program areas. 

The city of Pontiac experienced considerable 
community unrest during the early 1970s because 
of school desegregation controversies. Kalamazoo 



and Lansing were more successful at orderly im- 
plementation of their plans. All of these jurisdic- 
tions were subjects of Federal court action on 
school desegregation in 1972 and 1973. Flint and 
Grand Rapids continue to litigate over school 
desegregation plans. 

Federal Programs 

In 1973 the Michigan Advisory Committee and 
the Institute for Community Development at 
Michigan State University sponsored "An As- 
sembly for Action on Revenue Sharing." The as- 
sembly attempted to provide information on 
revenue sharing and a basic understanding of the 
operation of State and local governments to 
strengthen the capacity of local community groups 
to influence decisions. This activity resulted in the 
formation of a number of local coalitions on 
revenue sharing and on a statewide communica- 
tion network to track revenue sharing expenditures 
within the State. 

The Michigan Advisory Committee has 
completed three phases of its community develop- 
ment monitoring project. The project began in 
February 1975 with a hearing in Livonia, focusing 
on suburbs' responsibilities under the 1974 Hous- 
ing Act to provide units for nonresident workers 
who may wish to live there. The project continued 
with a June 1975 hearing in Lansing covering the 
civil rights implications of the phaseout of Model 
Cities programs in 10 Michigan municipalities. The 
third phase began in fall 1975 and included the 
November Sault Ste. Marie hearing focusing on 
apparent unequal distribution of municipal services 
to American Indians. 

The Livonia report was issued in June 1975 and 
has had a significant effect as part of a national ef- 
fort to strengthen HUD regulations under the 1974 
act. The Model Cities report was released in June 
1976. It clarified the need for further improvement 
of both the act and the regulations. 

The Sault report released in November 1976 
was of significant help in the current Federal suit 
on behalf of American Indians against the city of 
Sault Ste. Marie. The Sault project also had 
several immediate results for the Indian communi- 
ty in that city. A vitally needed sanitary sewer was 
constructed and Housing and Community 
Development funds assisted in the payment of the 
city's assessments for the work, providing reha- 



99 



bilitation money for the hookup to homes and the 
installation of indoor plumbing. Other municipal 
services and improvements are planned for the 
area. A fourth phase of the project is planned, 
focusing on HUD's implementation of the 1974 
act. 

A recently filed Federal civil rights suit against 
the suburb of Livonia for alleged noncompliance 
with provisions , of the 1974 Housing Act is the 
second active Federal lawsuit resulting from the 
Michigan Committee's 2-year housing and commu- 
nity development project. The Detroit-area Coali- 
tion for Block Grant Compliance filed the suit, 
stemming from HUD's August 1976 approval of 
Livonia's recent block grant application even 
though the all-white suburb had failed to make 
provision to meet the needs of persons "expected 
to reside" in its housing assistance plan, as 
required by the act. The other suit is against the 
city of Sault Ste. Marie, on behalf of local Amer- 
ican Indians, alleging racially motivated, dis- 
criminatory provision of municipal services in that 
community. 

Three Federal agencies (HUD, the Economic 
Development Administration, and the Department 
of Justice) are currently reviewing Sault Ste. 
Marie's degree of compliance with Title VI, and 
these reviews may be conducted jointly. All three 
volumes of reports published by the Michigan Ad- 
visory Committee based on its study were referred 
to in the Advisory Committee's congressional 
testimony delivered in August 1976 before the 
Committee on Banking, Housing, and Urban Af- 
fairs. 

The Michigan Advisory Committee also 
presented testimony on the Local Public Works 
program of the Economic Development Adminis- 
tration in February 1977 based on a staff analysis 
of the racial impact of $158 million in grants 
under that program made in Michigan. Testimony 
before the Subcommittee on Economic Develop- 
ment of the House Committee on Public Works 
and Transportation was used by the Congressional 
Black Caucus to press for additions to the Public 
Works Act which would require a more suitable 
distribution of such funds and the monitoring of 
their effects by the Economic Development Ad- 
ministration. 



Unfinished Business 

The Final Report of the Governor's Task Force 
on Redlining was released in Michigan in 
December 1976. After reviewing available litera- 
ture, experiences, and proposals of other States, 
and data from neighborhood associations, 
representatives of the financial industry, local 
government officials, organized labor, HUD, the 
NAACP, and others, the task force offered several 
short-term and long-term recommendations. 
Among the short-term recommendations were the 
following: 

• Forbidding lenders from using geographic lo- 
cation, racial, or ethnic makeup of a neighbor- 
hood, or age of structures as criteria in determ- 
ing eligibility; 

• Requiring lending agencies to provide written 
reasons as to why an application is denied; 

• Establishing local mortgage review boards to 
investigate complaints, seek voluntary resolution 
of complaints, and recommend appropriate ad- 
ministrative action; 

• Establishing an advisory group to formulate 
rules governing appraisal practices; and 

• Establishing a pool of high risk investments 
to be shared by lending institutions. 

Among the long-term recommendations were: 

• Establishing a State department of communi- 
ty development to create an overall urban 
development strategy in Michigan; 

• Establishing a bureau of neighborhood ser- 
vices within that department to assist local 
groups in their attempts to preserve their 
neighborhoods; and 

• Developing a rehabilitation grant and loan 
program. 

In part as a result of the task force's work, a 
statewide, antiredlining coalition has been formed 
and local coalitions have been organized in 
Lansing and Saginaw. 

A bill outlawing discriminatory redlining is cur- 
rently working its way through the urban affairs 
committee of the Michigan House of Representa- 
tives. 

Another significant issue is the question of 
disbursement of General Revenue Sharing funds to 
cities such as Detroit. The present rule that cities 
may only receive 145 percent of their per capita 
formula allotment is seen as probably less than 
half of an adequate amount for Detroit. Coupled 



100 



with the lack of effective public jobs legislation, 
the revenue sharing problem is seen as leading to 
"irreparable damage to minorities in the center ci- 
ties where they still live." 

A preliminary assessment of allegations of viola- 
tions of rights of American Indians in the Traverse 
City area has led members of the assessment team 
to conclude that there was no systematic pattern 
of discrimination or misuse of Federal funds, 
although individual cases of discrimination do 
exist. The Advisory Committee will meet in the 
Traverse City area to discuss with the Indian com- 
munity its need for technical assistance and for 
assistance to improve documentation of the vari- 
ous allegations of civil rights violations. The Ad- 
visory Committee will monitor the issues raised 
with both State and Federal agencies. 

The Michigan Advisory Committee is planning a 
statewide hearing on the racial effect of the use of 
Community Development Block Grant funds in 
Michigan. The hearing will also address the effects 
of such spending on women and handicapped per- 
sons. Top priority cities to be examined are those 
covered in the Committee's Model Cities report of 
July 1976, but the Committee will also cover, if 
possible, other cities receiving block grant funds 
which have significant minority populations. 

The fact that laws exist does not mean that 
rights are secure. Detroit's bitter civil disturbances 
of the mid-sixties, the disparity of economic well- 
being between minorities and whites, and the large 
number of civil rights issues being litigated in 
Federal and State courts attest to the fact that 
Michigan still must go far to achieve equality of 
opportunity for all its residents. 



Michigan Advisory Committee 
Members 



Jo-Ann Terry, Chairperson 
Olive R. Beasley 
M. Howard Rienstra 
Wilma Bledsoe 
Nathan Edward Eustace 
Yolanda Flores 
Charles F. Joseph 
Richard H. Lobenthal 
Frank Merriman 
Rosemary A. Murphy 
Leslie Myles 
Viola G. Peterson 
Antonio M. Rios 
Clifford Schrupp 
Donald R. Scott 
Kathryn L. Tierney 
Albert H. Wheeler 
J. Wagner Wheeler 



Minnesota 



101 



Minnesota is the 12th largest State in the Union. 
The State is sparsely populated with an average of 
48 people per square mile, compared to a national 
average of 58 people per square mile. The total 
population in 1970 was slightly less than 3.9 mil- 
lion; 98 percent were white. The remaining popu- 
lation included 35,000 blacks, 23,000 Indians, and 
1 1 ,000 others. 

Like many other Midwestern States, Minnesota 
has attracted a large number of migrants to its 
agricultural areas. Some 1,800 settle every year in 
the Minneapolis-St. Paul metropolitan area. It is 
estimated that Hispanics in Minnesota have in- 
creased at a rate more than 1.5 times the national 
average. 

Minnesota ranks 10th among the States in terms 
of its American Indian population. Based on cen- 
sus figures, during the 1960s the Indian population 
increased 49 percent — from 15,496 in 1960 to 
23,128 in 1970. Like the figures for Hispanics, 
there is a sizeable undercount of the Indian peo- 
ple. 

Population in the State increased 11.5 percent 
between 1960 and 1970, with the minority popula- 
tion increasing 57 percent and the white popula- 
tion 1 1 percent. The white population inside cen- 
tral cities followed a national pattern in declining 
by 6 percent during the 10-year period while the 
minority population within cities grew 50 percent. 

Civil Rights Development 
Education 

Minnesota has not been without problems of dis- 
crimination and racial differences even though its 
minority population is very small. In 1966 and 
1967, blacks in Minneapolis demonstrated their 
displeasure with their circumstances. As a result, 
minorities along with community and civic leaders, 
formed the first national chapter of the Urban 
Coalition to deal with these issues and problems. 

The Minnesota Human Rights Commission was 
established in 1967 to administer and enforce the 
Minnesota Human Rights Act. In 1968 the depart- 



ment recorded a total of 421 charges. The depart- 
ment recorded a total of 2,011 charges for the 
1975-76 year. More than 29 percent of the 
charges were based on race and color while 39 
percent dealt with sex discrimination. Three out of 
every four charges filed with the department were 
allegations of employment discrimination, and 
about 10 percent were housing complaints. 

School Desegregation in (Minneapolis: 

Booker v. Special School District 

The school desegregation process began in 1967 
when the board of education adopted its first 
human relations guidelines and announced a 
voluntary urban transfer program. In 1970 the 
State issued desegregation guidelines which set a 
30 percent ceiling for minority student enroll- 
ments. In April 1971, Minneapolis schools were 
found out of compliance with State guidelines. As 
a result, the State ordered the district to develop 
a desegregation plan. The following August a 
lawsuit was filed in Federal district court charging 
the district with de jure segregation of students and 
faculty. The court found unlawful segregation and 
mandated implementation of a board of education- 
designed plan with provision for semiannual re- 
ports to the court on the district's progress. 

The 1972 plan has been virtually completed but 
the court continues to retain jurisdiction and to 
require periodic adjustments in the plan to bring 
the shifting student population of each school into 
compliance with the court-ordered ceilings on 
minority enrollment. 

The Minnesota Advisory Committee held 
hearings on school desegregation in Minneapolis as 
part of the Commission's national school 
desegregation project. 

The Minneapolis desegregation plan has, in a 
number of instances, achieved its goal of physical 
redistribution of students so that no school has 
more than 42 percent minority enrollment. Some 
schools in the district, however, have failed to 
maintain that ceiling and continue to have minori- 
ty enrollments above the 42 percent figure. The 
integration portion of the plan has not yet been 



102 



fully implemented and has not met the original ex- 
pectations of the plan. 

The Minneaplis school desegregation plan over- 
looks the possibility that all-white or nearly all- 
white schools constitute a segregated situation. 
Some schools in the district have enrollments of 
97 percent or more white students. 

Since the Minneapolis desegregation plan was 
put into effect, there has been vocal opposition 
from some segments of the community. Incidents 
of physical disruption and violence were minimal, 
however, owing to the basic acceptance of law and 
order by the community. The lack of physical 
violence should not be used as a measure of a lack 
of opposition to the desegregation plan. 

Various elements of the community— the school 
board, school administration, school superinten- 
dent, teachers, business leaders, religious leaders, 
some parents, and the media — have been suppor- 
tive of the desegregation efforts. 

The Minnesota General Assembly passed a bilin- 
gual education bill which was signed by the Gover- 
nor on May 27, 1977. The State department of 
education will administer the $550,000 that was 
appropriated for the legislation. 

Women's Rights 

The U.S. Court of Appeals for the Eighth Cir- 
cuit struck down the heart of the Minnesota abor- 
tion statute which stated that a fetus is "potentially 
viable" during the second half of its gestation 
period (Felder v. U.S., September 1976). This 
statute was struck down because its assumption 
that viability occurs at the end of the 20th week 
is inconsistent with Supreme Court opinions that 
place the earliest point of viability at the 24th 
week. The court also struck down a provision that 
allowed public hospitals to refuse to make their 
facilities available for abortion. This aspect of the 
decision was nullified by the recent Supreme 
Court decision in Poeker v. Doe, (June 20, 1977) 
which held that public hospitals may deny women 
elective abortions. 

The Minnesota Legislature passed two bills in 
the 1975-76 session that amended and repealed 
certain sections of the Minnesota Human Rights 
Act (Minnesota Statutes, Chapter 313). Bill 1940 
established a legislative commission on the 
economic status of women in Minnesota. Provi- 
sions for a division on women's affairs within the 



department of human rights and a committee on 
women's affiars to advise and assist the commis- 
sioner of human rights were repealed. 

Bill 840 changed certain enforcement 
procedures prescribed in the Human Rights Act. 
The bill altered the procedure to initiate civil ac- 
tion to enforce the Minnesota Human Rights Act. 
The bill also repealed the review panel procedure 
whereby a charging party may appeal a determina- 
tion of no probable cause within 15 days after the 
service of an order dismissing a charge. It provided 
that the charging party may request that the com- 
missioner reconsider the determination. 

On July 8, 1974, the State issued a series of 
regulations entitled "Guidelines for Eliminating 
Sex Discrimination in Elementary, Junior and 
Senior High Schools." Since then opportunities in 
athletics have increased widely throughout the 
State for young women. 

Affirmative Action in Employment 

In September 1975 the department of human 
rights issued a probable cause finding against the 
Minneapolis Civil Service Commission alleging 
that the commission had operated a system that 
had denied equal employment opportunities to 
persons on the basis of race, sex, and color. The 
agreement reached through conciliation affected 
all departments of the city and called for a results- 
oriented recruitment program and the elimination 
of non-job-related selection, promotion, transfer, 
and termination criteria. 

Four Duluth policewomen received $12,000 in 
back wages as a result of discriminatory employ- 
ment practices suit. One policewomen had not 
been permitted to take a promotional test for the 
sergeant's position even though she had 7 years 
experience. The hearing examiner ordered the city 
of Duluth to eliminate the differences in rates of 
pay between policewomen and policemen in its ju- 
venile aid bureau. 

American Indians 

The Minnesota Advisory Committee's study of 
urban Indians in the Twin Cities was released in 
January 1975. A 6-moiith investigation culminated 
in an informal hearing which examined the ser- 
vices of various Twin Cities institutions to Amer- 
ican Indians in the area of employment, education, 
administration of justice, and health care. 



103 



The Advisory Committee concluded that the In- 
dian community "is small enough so that its 
problems are manageable, given a positive 
response from government institutions." However, 
that has not been the case. Two years later the 
Committee held a hearing in Minneapolis focusing 
its investigation on two areas: education and em- 
ployment. The Advisory Committee found that 
many of the same problems continue to plague the 
Indian community. However, some favorable 
changes were uncovered and there are indications 
of progress. 

Unfinished Business 
School Desegregation 

The Minnesota Advisory Committee will con- 
tinue to monitor the desegregation plan in the 
Minneapolis school system. Although the 
desegregation plan is being implemented, the court 
continues to retain jurisdiction. 

American Indians in the Twin Cities 

The Minnesota Advisory Committee will con- 
tinue to monitor the actions of Federal, State, and 
local agencies regarding the problems of American 
Indians in the Twin Cities. It also plans to conduct 
a second mini-hearing which will focus on the ad- 
ministration of justice and health care. 

The Minnesota Advisory Committee became 
aware of a situation involving the operation of the 
Bizindum Indian Alternative Education Program in 
Duluth. The Bizindum School, which serves junior 
and senior students, was operated by the Duluth 
Indian Council. The school admitted only Indians 
and was considered virtually a private school, 
although the Duluth public schools did supply a 
special teacher and some other minimal support. 
The students, technically, were considered en- 
rolled at Duluth public schools and were counted 
for purposes of State aid. 

On February 12, 1977, the Advisory Committee 
adopted a resolution in response to the Duluth In- 
dian Alternative Program. It held that Indian alter- 
native education programs operated by public 
school districts on an open enrollment basis do not 
violate Federal laws and policies. The Indian com- 
munity is concerned that unless there is a clear 
determination that such schools do not violate 
desegregation laws, the Bizindum school will be 



forced to close. The Advisory Committee will pur- 
sue this issue until a final determination is made 
on this matter by State and Federal agencies. 

Police-Community Relations 

In recent years there have been a number of 
killings by police of unarmed citizens. Serious 
questions have been raised about the behavior of 
police in many communities throughout the State. 
The Minnesota Advisory Committee has con- 
ducted a preliminary investigation of some of these 
incidents and may begin a comprehensive in- 
vestigation of police-community relations in the 
State. 

Minnesota Advisory Committee 
IVIembers 

Lupe Lopez, Chairperson 

Greg Barron 

Jeanne V. Cooper 

Robert Dodor 

Gloria Kumagai 

Ruth A. Myers 

John Taborn 



104 



Mississippi 



Mississippi has changed since the bodies of three 
young people who had worked to register Neshoba 
County voters were unearthed from a drainage 
ditch 13 years ago. The Mississippi Advisory Com- 
mittee to the U.S. Commission on Civil Rights be- 
lieves that Federal courts and Federal laws have 
provided the impetus behind these advances. 

However, the changes in law and custom— color 
barriers down (but not out) in restaurants, unitary 
school systems, and drinking fountains — are only 
beginning to have an impact at the level of the 
physical needs of the impoverished mass of the 
State's minorities. The 800,000 blacks who 
represent more than one-third of Mississippi's 
population of 2.5 million are still, by design, un- 
derrepresented in Mississippi State and local 
government, in spite of five admonitions in the last 
6 years by the U.S. Supreme Court to apply the 
one-person, one-vote rule. Although 22 of Missis- 
sippi's 77 counties have over 50 percent black 
population, only four blacks have been elected to 
State office: three from populous Hinds County 
and one from Kemper in which blacks comprise 
90 percent of the population. 

The only elected representatives of the 6,000 
American Indians who reside in the State are their 
own tribal council members and chiefs. Both 
chiefs, Calvin Isaacs of the Choctaws and Sam 
Kinsolving of Many Tribes, Inc., are members of 
the Mississippi Advisory Committee. 

Rich alluvial deposits on the western half of the 
State, the famous Mississippi Delta, have brought 
great wealth to a handful of white landowners. 
Mechanization of farming has extended the pover- 
ty of the mostly black field workers who are ill- 
equipped to compete with the giant machines, let 
alone with skilled job holders in urban centers. 

A 200-mile highway runs south with the river 
down to the Gulf of Mexico past repetitive acres 
of soybeans, rice, and cotton, the vista broken 
only by an occasional tree and an even less 
frequent giant combine run by a single operator. 
In the same Delta that helps feed the country. 



there are perhaps a quarter of a million people, 
mostly minorities who are unschooled, untrained, 
pitifully housed, and ill-nourished. They (and 
another half-million scattered through the rest of 
the State) exist day-by-day below the minimum 
Government subsistence standards, bringing down 
the State's earned income average to the lowest in 
the Nation. These rural poor, many former 
sharecroppers for whom the civil rights struggle 
was launched, are isolated and desolate. They are 
inadequately reached by Federal programs which 
have concentrated on more visible trouble areas, 
e.g., the core cities with recent histories of civil 
disturbances. 

On the Gulf coast, the State's largest industry, 
Ingalls Shipbuilding, provides employment for 
25,000 Mississippians. The State government itself 
comes second in numbers of employees. Hiring, 
firing, and promotion practices regarding minority 
and female employees of both Ingalls and the State 
government have been investigated and are being 
monitored by the Advisory Committee and staff of 
the Southern Regional Office. 

The basic activities in the rock hard, hilly, and 
well-forested east side of the State are trade and 
industry. Thomas Reed Ward, Advisory Commit- 
tee member from Meridian, maintains that because 
that bustling railroad center had no slave-depen- 
dent plantations, race relations never descended to 
the ugliness prevalent in other parts of the State 
where the Klan flourished. (A small group of Klan- 
smen along the coast still indulges now and again 
in burning crosses and the dwellings of alleged 
enemies of white supremacy.) One indication of 
Meridian's political maturity came last June when 
the city elected Al Rosenbaum, a Jew, as its 
mayor, and Dr. Hobert Kornegay, a black, to the 
city council. Race was never an issue in the cam- 
paign. 

Except for a few vocal individuals, blacks in 
Mississippi are quiet in their desperation. To them, 
the U.S. Commission on Civil Rights, which held 
hearings in the State in 1961 (when it was truly 



105 



dangerous to do so), and the tangible presence of 
the Commission's ongoing concern, the State Ad- 
visory Committee, symbolize the Federal Govern- 
ment's involvement in civil and human rights in 
Mississippi. 

Civil Rights Developments 
Education 

No doubt the Federal Government's all-out sup- 
port, including troops, of James Meredith's desire 
to attend "Ole Miss" left lasting impressions on 
school administrators throughout the State. When 
the Supreme Court decided in 1968 that "speed" 
toward desegregation, as directed in the 1954 
Brown v. Board of Education decision, had been 
neither total nor deliberate, and that schools were 
to cease operating separate facilities for blacks and 
whites, most of Mississippi's public school systems 
began to comply. In last ditch efforts to make 
separate "equal," many communities had up- 
graded structures used by blacks and even built 
new schools. Thus, when the 1968 order came, the 
facilities were quite acceptable to most white 
parents. 

For example, in Jackson, the State capital, black 
and white community leaders rode along with the 
youngsters to school to assure peaceful desegrega- 
tion. Even though the change from dual to unitary 
systems was far more extensive than desegregation 
of most urban systems in other States, there was 
minimal disorder. Last year white students in 
Jackson and other cities began returning in large 
numbers from the private academies. One public 
high school in Jackson that had been majority 
black is expected this fall to achieve half-black 
and half-white enrollment. 

By 1972 virtually all the public school systems 
had desegregated students, staffs, and facili- 
ties—years before the "problem" of equalizing 
educational opportunity was confronted by systems 
in Northern States. Controversies over busing in 
Mississippi were rare. 

Transportation has been used in Mississippi as 
just one logical and practical means among others 
of effecting the necessary, lawful change. In 
Greenville, the cosmopolitan small city in the 
Delta in which the Advisory Committee conducted 
a case study of the effects of desegregation, the in- 
vestigative team found that to assure each child's 



exposure to teachers of ethnicity different from his 
or her own, black and white team teaching was 
developed for each elementary class — as well as 
for the departmentalized high school classes. One 
educational improvement from this procedure was 
that the teachers were able to choose subject areas 
they felt most comfortable with and qualified to 
teach. With this specialization, the youngsters 
benefit from improved, varied instruction. 

In Greenville today very young students go from 
classroom to classroom within a building for dif- 
ferent studies with different teachers. The variety 
of environments is not only stimulating for the stu- 
dents, but it is also economical for the system, 
which can get more use out of limited science, 
communications, and social studies facilities. Six 
or seven classes each day take turns using materi- 
als and equipment. 

Employment 

Advisory Committee members cite the State 
government itself as a prime example of imbalance 
of economic opportunity in Mississippi. Although 
the highest percentage of unemployment is among 
blacks, 88 percent of the State agency employees 
are white— and most of those in mid- and upper- 
level positions are male. 

Women of all races and minority men appear to 
be systematically excluded from decisionmaking 
positions. The civil service system is highly 
politicized, according to Bill Minor, editor- 
publisher of the Reporter and member of the Ad- 
visory Committee. Membership on State boards 
and commissions, in his opinion, does not result 
from a bona fide merit system. 

Although more than 37 percent of the Mississip- 
pi population are minorities, they comprise only 
about 1 2 percent of the State payroll. Women's 
jobs usually fall in the low pay, stereotyped 
categories. Few are appointed by the Governor to 
serve on major boards, although token blacks are 
beginning to appear in a few important positions. 

An Advisory Committee audiovisual project on 
patterns and practices of discrimination in Missis- 
sippi State government was quite successful in 
compelling Governor Bill Finch to take personal 
"affirmative action" to cooperate with the Missis- 
sippi Advisory Committee last year. An au- 
diovisual presentation of the findings attracted 
considerable attention through television coverage 



106 



on a statewide commercial channel. The presenta- 
tion graphically detailed the patterns of race and 
sex discrimination in Mississippi State agencies. 

During a personal meeting with the Governor, 
staff members and Advisory Committee members 
told the State's chief executive that he should ap- 
point more women and minorities to State boards 
and commissions. He has since done so, including 
the appointments of Dr. Gilbert Mason, Biloxi 
Committee member, to the State board of 
health— the first black to serve on such a board in 
Mississippi — and of Dr. Cora Norman, another 
Committee member, to the State commission on 
women. 

Unfinished Business 

To a financially poor State such as Mississippi, 
Federal financial assistance (in fiscal year 1976, 
$783 million) has been a tremendous incentive for 
doing the right thing. But progress toward total im- 
plementation of all nondiscrimination guidelines 
has been, at best, desultory. Committee members 
who have dealt with Federal regulations maintain 
that the language is almost deliberately confusing 
and there appear to be many escape clauses that 
benefit the grantee or contractor. 

While the attractiveness of Federal monies is 
great, the threat of reprisal for lack of guideline 
implementation is miniscule. It has been a long 
time since Federal troops were brought in to make 
certain that a single black man could matriculate 
at the University of Mississippi. Today, the only 
worry a department head might have is that funds 
could be cut off, but this has been a paper tiger 
threat. 

In spite of reams of laws, rules, and regulations 
regarding nondiscrimination, less than 100 blacks, 
American Indians, and women hold upper-level 
positions in government or private industry in the 
State. Less than 1,000 are in mid-level jobs. The 
State employs more than 13,500 persons. 
Economic change appears to lag far behind the 
cosmetic change in social attitudes. 

Neither the Fair Housing Act ( 1968) which out- 
laws discrimination in sale or rental of living ac- 
commodations, nor the Housing and Community 
Development Act (1974) which provides funds for 
water and sewer systems, urban renewal, and open 
space development, meets the decent-housing 
needs of 157,000 families who live in the substan- 



dard dwellings which comprise one-quarter of Mis- 
sissippi's 636,800 occupied housing units. 

Doing away with dual school systems was put 
forth in Brown v. Board of Education as a means 
to an end: equal opportunity to education. For 
many Mississippi youngsters who are segregated 
within unitary systems that end is not even in 
sight. Various administrative devices are applied, 
some even with good intent, to segregate children 
within unitary systems. More minority students are 
tracked into low achievement ability groups than 
white and more are placed in "special education" 
than their white counterparts. 

In independent school systems such as Meridian, 
which do not have State-supported school vehicles, 
transportation is a problem, but not in the way 
viewed by antibusing factions. Youngsters who live 
4 miles from their school have to use public trans- 
poration at 10 or 15 cents per ride. It can cost a 
poverty-level parent $1.20 a day to transport four 
children to their schools. The alternative is to keep 
these children (sometimes physically handicapped 
children) at home, since Mississippi has no com- 
pulsory attendance laws. 

Lucile Rosenbaum, Advisory Committee 
member from Meridian and former school board 
member in that city, expressed the opinion that 
Federal education monies should be available for 
transporting students even when desegregation is 
no longer the issue. "How can there be equal op- 
portunity to education without access to opportu- 
nity?" she asks. 

Two decades have elapsed since the Federal 
Government officially acknowleged, through the 
creation of the U.S. Commission on Civil Rights, 
that the rights of minorities and, later, women 
must not be abridged. 

Although Federal court rulings. Federal troops. 
Federal civil rights laws, and Federal dollars have 
been critical factors in altering attitudes and 
behavior in this State, meaningful change is as dif- 
ficult to see as the progress of a glacier that ad- 
vances at the rate of inches each millenium. No 
substantive progress can be made until Mississippi 
joins the rest of the Nation by resolving to apply 
the protections and benefits of government equally 
among all groups of citizens. Such an initiative 
must include adequate representation in the 
government by all groups. 



107 



Until such developments are forthcoming, the 
Mississippi Advisory Committee believes that 
Federal oversight and protection are vital to the 
very survival of the State's minorities. 

Mississippi Advisory Committee 
l\/lembers 

Albert M. Britton, Chairperson 

Martha Bergmark 

George Bradley 

Gil Carmichael 

Andrew C. Carr 

Obie Clark 

Patricia Derian 

William Dilday 

Alvin Fielder, Jr. 

Duncan Gray, Jr. 

Hagaman P. Hearn 

Bobby Henley 

David C. Rice 

Calvin Isaac 

Sarah Johnson 

Sam Lawson Kinsolving 

Gilbert Mason 

Wilson Minor 

Amzie Moore 

George A. Owens 

Matthew Page 

Charlemagne P. Payne, Sr. 

Mary L. Ramberg 

Genevra Reeves 

Lucile Rosenbaum 

Hazel B. Smith 

Thomas Reed Ward 

Clell O. Ward 

Linda L. Lewald 

Ruth Mosley 

Cora E. Norman 

Catherine S. Salloum 

Evelyn Silas 

Virginia Wagner 



108 



Missouri 



Missouri, the "Show Me State,", is the 14th lar- 
gest State in the Nation. The population of 
4,747,000 is 10.3 percent black and 0.8 percent 
Hispanic. Although the bulk of the State's minority 
population resides in the State's principal cities, St. 
Louis and Kansas City, there is also a substantial 
black population in small black towns in the 
"Bootheel" of southeastern Missouri. Race rela- 
tions in the large cities reflect the atmosphere and 
circumstances of other declining north central 
American cities. Race relations in the Bootheel 
resemble the "blackbelt" areas of the contiguous 
Southern States. 

Civil Rights Developments 

St. Louis has a large black population with a 
substantial black middle class. Although there 
have been many problems, mass violence has been 
virtually nonexistent. A large and peaceful demon- 
stration in memory of Dr. Martin Luther King, Jr., 
was publicly supported by former Mayor A. J. 
Cervantes. 

Kansas City has been quite different. A riot oc- 
curred from April 9 to 13, 1968, sparked by the 
death of Dr. King. A large multiracial and inter- 
denominational march had taken place peacefully 
on April 8. But racial tension in the city was 
fueled by the generally poor relations between po- 
lice and the minority community and the failure of 
the city schools to observe the day of the funeral 
officially, in contrast to Kansas City, Kansas, 
where schools were closed. A weak police commu- 
nication and command structure resulted in minor 
violence of a few being blamed on peaceful 
demonstrators who were insisting on their right to 
march. It was alleged that police response 
heightened the anger of the community and that 
gas and gunfire used indiscriminately by the police 
and National Guard aggravated the violence. Sub- 
sequently, a local riot commission report led to no 
substantive changes in relations between local 
government and the minority community. 



Employment 

Until 1965 when Percy Green climbed the 
St. Louis arch, then under construction, to protest 
discrimination in the building trades, employment 
practices were blatantly discriminatory. Since that 
time, discrimination against minorities and women 
in employment has continued, as reports of the U.S. 
Commission on Civil Rights and the Missouri Advis- 
ory Committee demonstrate, in more subtle forms. 
Many major companies have moved their plants out 
of the reach of minorities. Some St. Louis firms have 
asserted that the city's declining tax base compelled 
them to leave; others cited the search for "more 
attractive surroundings" or more skilled labor. The 
Commission reviewed this problem during its 1970 
hearing in St. Louis, and the Missouri Advisory Com- 
mittee addressed the issue in 1973 in St. Louis and 
in 1977 in Kansas City. But traditional forms of 
discrimination remain. 

During 1975-76 the State human rights commis- 
sion received 3,691 employment complaints; 51 
percent came from St. Louis, 23 percent from Kan- 
sas City, and the remaining 26 percent from the rest 
of the State. Over 60 percent were based on sex 
discrimination. 

In St. Louis the seniority rights of black bus 
drivers whose firm was merged into the St. Louis 
area transit authority were recognized in Allen v. 
Transit Union. 

The St. Louis Human Relations and Equal Op- 
portunity Commission, now titled the Civil Rights 
Enforcement Agency, in 1977 charged that the city 
hospital system discriminated in the placement of 
black doctors as interns and residents. Further, it 
indicated that the medical services provided the black 
community were inferior. 



109 



Kansas City, faced with the possibility of a 
federally-imposed plan, developed a "Hometown 
Plan" for obtaining increased minority participa- 
tion in the construction industry. For the first 5 
years the plan exceeded by about 3 percent its 
goal for increased minority participation in con- 
struction. 

Administration of Justice 

Missouri's State prison system suffers from sig- 
nificant overcrowding with facilities that are both 
aged and inadequate by modern standards. Efforts 
to construct new facilities have been halted by a 
dispute between rural legislators who want max- 
imum security facilities built in rural areas and 
other legislators, supported by the Governor and 
the department of social services, who want medi- 
um security facilities built in urban areas. 
Although over half the prison population is urban 
and black, less than 5 percent of the staff is black. 

County and local jails have been condemned by 
Federal courts as lacking the minimum facilities to 
maintain the human and civil rights of inmates. 
Court orders requiring substantial improvement 
are being appealed as too costly and as unreasona- 
ble impositions on the local taxpayer. 

Police-community relations have varied. In Kan- 
sas City a period of tranquil relations followed the 
departure of Clarence Kelley as chief of police in 
1973 and the arrival of Joseph McNamara. Since 
McNamara's departure in the winter of 1976, 
several incidents between white police officers and 
minority persons have rekindled animosity. 

In St. Louis there have been episodes of police 
brutality, most notably in 1968 and 1975, and in 
St. Louis County in 1977. Complaints against city 
and county police have been thwarted by the Po- 
lice Officers Benevolent Association's financial 
support for officers who have filed suits against 
complaining citizens. In the county areas around 
St. Louis, police have been accused of turning a 
blind eye to violence directed toward minorities 
moving into predominantly white areas. 

In the Bootheel, State and county police officers 
have been accused of harassing black officers of 
small black cities such as Hayti Heights. 

Housing 

Missouri is famous for public housing projects 
that failed — Pruitt Igoe in St. Louis has been 



demolished and Wayne Miner in Kansas City has 
been substantially altered. Missouri Advisory Com- 
mittee studies in Kansas City and the Bootheel 
have shown that joint and separate action of 
Federal, State, local, and private groups still deny 
minorities equal access to decent housing. Steering 
practices in housing were highlighted during the 
Advisory Committee's hearing. Data documenting 
these practices were based on an 8-month study by 
the Greater St. Louis Committee for Freedom of 
Residence. This study subsequently resulted in a 
suit filed by the U.S. Department of Justice against 
four of the major St. Louis real estate companies 
(U.S. V. Armbruster, et al.) These data reinforce 
the evidence presented at the 1970 Commission 
hearing in St. Louis and at the informal hearings 
conducted there by the Missouri Advisory Com- 
mittee. 

In Jones v. Mayer (a St. Louis case) the U.S. 
Supreme Court held that the Civil Rights Act of 
1866 bars all racial discrimination in the sale or 
rental of property. More recently in City of Black 
Jack V. U.S., the courts restrained a St. Louis sub- 
urb from the use of exclusionary zoning that was 
intended to prevent the development of low-in- 
come housing that minorities might use. 

The Greater St. Louis Committee for Freedom 
of Residence, whose executive director, Hedy Ep- 
stein, is a member of the Missouri Advisory Com- 
mittee, has taken the lead in many efforts in St. 
Louis County to open housing opportunities to 
minorities. Since late 1967 this committee has 
fought the occupancy permit ordinances required 
by many St. Louis municipalities as a condition of 
residence. These ordinances, despite their ostensi- 
ble purpose of maintaining the existing housing 
stock and avoiding overcrowding, are used to deny 
minorities access to housing. After the Freedom of 
Residence Committee's efforts to investigate the 
occupancy permit ordinance in Jennings, a suit 
was filed to gain access to the occupancy permit 
files. This action is still pending. Approximately 50 
percent of the almost 100 municipalities in St. 
Louis County have enacted occupancy permit or- 
dinances and might be affected by a court ruling. 
The most frequent complaint against these or- 
dinances is that permits were not issued for ex- 
tended families, thereby discriminating against 
blacks. 



no 



In 1969 St. Louis experienced a successful 
public housing rent strike which resulted in tenant 
management. The model St. Louis tenant manage- 
ment project has received financial support from 
the Ford Foundation and has been adopted by 
several other cities around the country, including 
Kansas City, Missouri. 

In St. Louis a citizens' action group, ACORN, 
has documented mortgage redlining by banks. The 
State insurance commission has found similar 
practices limiting the availability of homeowners' 
and car insurance. These reports are being 
reviewed by the U.S. Department of Justice. 

Efforts by the State legislature to correct the 
practices have been largely thwarted by the in- 
surance and banking lobbies, despite support for a 
strong measure by the State insurance commission. 
A measure introduced by Senator J. B. Banks to 
combat insurance redlining was eventually 
weakened, preventing only unreasonable cancella- 
tion of insurance as neighborhoods change. It does 
not require that homeowners' insurance be granted 
based on the condition of the premises, nor does 
it address the problem of redlining. 

Half the housing discrimination cases before the 
Missouri Human Rights Commission came from 
the St. Louis or Kansas City metropolitan areas 
and the remainder from other parts of the State. 
Although research has focused on the big cities, 
housing discrimination is clearly widespread. 

Data developed by the Advisory Committee dur- 
ing 1977 indicate the extent to which public hous- 
ing, concentrated in the traditionally minority por- 
tions of the major cities, has frustrated urban 
regeneration. Efforts to redevelop the central city 
persist in areas such as Lafayette and Soulard in 
St. Louis and Project DARLIB and the East 23rd 
Street Project in Kansas City. 

Education 

In 1976 Missouri repealed a constitutional provi- 
sion requiring dual schools, although the provision 
had been legally dead since 1954. Kansas City and 
the school districts of Ferguson-Florissant, 
Berkeley, and Kinloch have been the subject of 
Federal efforts (the first by HEW, the rest by the 
U.S. Department of Justice) to achieve school 
desegregation. St. Louis has been the subject of 
litigation instituted by private citizens in Federal 
court. 



Kansas City will test the capacity of HEW to en- 
force a remedy that effectively dismantles a for- 
merly dual school system. Meanwhile, suit has 
been brought against 1 3 Missouri school districts 
and 5 Kansas school districts surrounding Kansas 
City to impose a metropolitan, bi-State remedy. 
The suit argues that Federal policy and local ac- 
tion, both past and present, have created circum- 
stances in which only a multidistrict remedy will 
succeed. 

The Kansas and Missouri Advisory Committees 
had recommended such action in their report, Cri- 
sis and Opportunity, calling for voluntary 
metropolitan desegregation and legal action if no 
voluntary steps were taken. While legal action has 
begun, many interested and influential citizens and 
groups are working with the Advisory Committees 
to achieve voluntary cooperation. 

Kinloch district was carved by the State out of 
the districts surrounding it to maintain segregation. 
The Federal courts have required that it be 
merged with the surrounding districts of Ferguson- 
Florissant and Berkeley into a single school dis- 
trict. So far, after 1 year, the merger is proceeding 
smoothly. 

St. Louis is the subject of private litigation by a 
group of parents. The school district agreed to a 
consent decree stipulating that intentional segrega- 
tion had not occurred. Now the district, the 
original plaintiffs, and the local NAACP chapter 
are in dispute over the full extent of the remedy 
to be used. In the first year a set of magnet 
schools was introduced. The remedy proposed for 
the second year was to desegregate the junior and 
senior high schools. All action has been delayed 
pending the outcome of hearings that will begin in 
October 1977 to determine the extent to which 
school policies violated constitutional rights. The 
extent will determine the range of remedies. 

The NAACP intervened after the consent 
decree was issued, asserting that it did not provide 
for sufficient desegregation. At the close of the 
1976-77 term, the U.S. Supreme Court upheld the 
right of the NAACP to intervene. The court of ap- 
peals, in reversing the district court to allow inter- 
vention, questioned whether the remedy agreed to 
would indeed result in effective desegregation. The 
court noted that 51 elementary schools were 100 
percent black while 15 were 100 percent white. It 
said that 12 of 17 city high schools had 90 percent 



Ill 



or more students of one race. The Supreme Court 
concurred with the appeals court on the statistical 
basis for review, but remanded the case to district 
court for a comprehensive review based on the ap- 
peals court guidelines. 

The U.S. Department of Justice had already 
joined the NAACP in a brief to the district court 
which asked that St. Louis be required to 
desegregate its schools completely in September 
1977. The brief asserted: "We agree with the 
plaintiff-intervenors that this court must direct the 
defendants to take whatever steps are necessary to 
immediately convert to a unitary school system." 

Other school districts in Missouri have 
desegregated with ease. The Commission reviewed 
the efforts of Kirkwood, Missouri (a St. Louis sub- 
urb), as part of its 1976 desegregation report. 
Similar efforts were reported in Columbia, Missou- 
ri. 

Data presented to the Missouri Human Rights 
Commission in a 1974 study. Integration in Mis- 
souri Public Schools: Faculty and Students Twenty 
Years After Brown, show that in the State as a 
whole, faculty and students remain segregated in 
school districts, regardless of size. Both black stu- 
dents and black teachers tend to be concentrated 
in a few of the schools. 

In the central cities, the study notes, black 
parents complain that the teaching their children 
receive is inadequate compared to that given other 
children. In the remainder of the State, especially 
in the Bootheel, there are complaints that 
desegregation meant only the closing of black 
schools and the dismissal of black teachers. Within 
the school buildings, it is alleged, segregation is 
maintained by class assignments and discipline pol- 
icies. 

An Equal Employment Opportunity Commission 
fmding that Hazelwood School District had dis- 
criminated against black teachers in its hiring 
practices, and that a remedy of a dual hiring 
system would be appropriate, was sent back to dis- 
trict court by the U.S. Supreme Court for a review 
of the evidentiary basis for the judgment. The 
Supreme Court held that the violation could only 
have occurred after 1972 and that the extent of 
the labor market had not been adequately assessed 
(Hazelwood School District v. U.S. 1977). The dis- 
trict of Webster Groves has resisted taking all the 
steps necessary to desegregate completely. 



Some suburban St. Louis County school dis- 
tricts — most notably University City — have denied 
public school enrollment to children of minority 
families if they did not produce an occupancy per- 
mit, although this is contrary to State regulations. 
The Greater St. Louis Committee for Freedom of 
Residence has been able to obtain the enrollment 
of children in each case that has come to the com- 
mittee's attention. 

Women's Rights 

The Equal Rights Amendment has been rejected 
twice by the Missouri Senate (1975 and 1977), 
despite general public support for ratification and 
considerable organized advocacy by women's 
groups. These were actively and successfully op- 
posed by an anti-ERA coalition. In Poelker v. Doe 
(June 20, 1977), one of a series of abortion cases, 
the Supreme Court upheld the right of States to 
refuse medicaid abortions except in limited cir- 
cumstances. Since the decision, St. Louis City's 
public hospitals have reaffirmed their decision not 
to perform abortions. Kansas City hospitals are 
considering a similar move. 

A recent study by the Kansas City Metropolitan 
Regional Commission on the Status of Women, a 
bi-State group, found that significant positions in 
elementary, secondary, and higher education are 
dominated by men. The commission pointed out 
that large numbers of well-qualified women are 
becoming available but face traditional prejudices 
and practices in hiring and promotion. It urged 
that each educational institution undertake a 
review of its employment practices to ensure equal 
opportunity for women, especially at the middle 
and senior levels. 

Human Rights Commission 

The State human rights commission was first 
authorized in 1957, becoming a permanent agency 
in 1959 with jurisdiction over employment. In 
1965 public accommodation was added to its man- 
date. In 1967 women were added to the groups 
protected. In 1972 fair housing, which does* not 
yet include sex discrimination, was added to its 
authority. 

The Missouri Human Rights Commission was 
reorganized by former Governor Christopher Bond 
following a report from the International Associa- 
tion of Official Human Rights Agencies which 



112 



found that the existing commission and senior staff 
were not effective. In December 1976 the Gover- 
nor appointed as chairperson Alvin Brooks, an 
assistant city manager in Kansas City and a former 
CORE activist. It is now expected that the com- 
mission will show new vigor in pursuit of equal op- 
portunity, but the legislature has been reluctant to 
fund it properly, partially because of past 
problems. 

Urban Problems 

Data on the demographic and economic charac- 
teristics of the St. Louis and Kansas City 
metropolitan areas reveal the scope of the urban 
crisis in the State. Between 1930 and 1960 
metropolitan areas shifted from predominantly 
urban to predominantly suburban. A dramatic rise 
occurred between 1960 and 1970 in the black 
population of central cities, while the white popu- 
lation in St. Louis declined and the white popula- 
tion in Kansas City held steady. In a decade St. 
Louis lost nearly one-third of its white population, 
gaining nearly 20 percent more blacks. Even more 
dramatic increases occurred in the numbers of 
other nonwhite persons who moved into the cen- 
tral cities. The racial and socioeconomic character 
of Kansas City — once largely white and af- 
fluent — has come increasingly to resemble that of 
St. Louis. 

The change in demographic characteristics was 
accompanied by a decline in economic conditions. 
By I960 per capita income in the city of St. Louis 
dropped significantly below the suburban level, 
although Kansas City's central city income level 
remained above that of its suburbs. By 1973 Kan- 
sas City residents earned only 92 percent as much 
as their suburban counterparts. In St. Louis, in- 
come dropped still further, to only 78 percent of 
the suburban figure. 

Economic activity in the central cities, which as 
late as 1963 exceeded or approximated suburban 
levels, by 1972 was markedly lower than suburban 
levels. Even more significant, manufacturing em- 
ployment between 1968 and 1972 declined in cen- 
tral cities but continued to grow in the suburbs. 
Retail sales showed a similar pattern. The decline 
in the central cities was reflected in the small rise 
in retail sales in the two central cities (less than 
the rate of inflation in both cases, dramatically less 
in the case of St. Louis) by comparison with a dra- 



matic rise in retail sales in the suburbs. Worse, 
from the cities' point of view, the central business 
districts experienced an actual drop in retail sales: 
more than 15 percent in Kansas City and more 
than 5 percent in St. Louis. 

An Advisory Committee study of revenue shar- 
ing in the city of St. Louis and in St. Louis County 
(which borders the three Missouri-facing sides of 
the city) shows the disparity in the resources 
available to a needy central city compared to its 
suburban fringes. The report reveals the failure of 
revenue sharing block grants to provide effectively 
for the needs of minority and poor people. Civil 
rights provisions of the Revenue Sharing Act were 
subsequently strengthened by the Congress. Black 
cities of the Bootheel need far greater Federal 
funding than they now receive to provide ap- 
propriate support for self-sustaining growth. 
Recently, the Federal Departments of Housing and 
Urban Development, Labor, and Commerce 
(Economic Development Administration) have 
funded an Urban Economic Development Council 
in Kansas City. This will focus on linkages between 
the public and private sector that can help remedy 
urban problems such as public education. 

Three organizations in Kansas City work with 
minority and female businesses. The Black 
Economic Union, established in 1967, has begun 
work on a mini-industrial complex in the heart of 
the black residential area of Kansas City. The 
complex will include light industries, a service 
center, and space for educational programs. 

The Minority Business Information Center was 
created by the Federal Executive Board to assist 
minority businesses in preparing themselves to ob- 
tain Federal contracts as well as to provide general 
technical assistance to minority business persons. 

Mo-Kan Region VII Minority Contractors As- 
sociation represents minority contractors in the 
four-State region. The Kansas City branch has 
been active in attacking the failure of Federal 
agencies to ensure that government contracts, 
whether issued by the Federal Government or by 
State and local governments using Federal funds, 
include minorities as subcontractors and workers. 
It reports difficulty in getting cooperation from 
many Federal agencies, including EPA, Highways, 
GSA, and the Corps of Engineers. 



113 



Unfinished Business 

At present, the Advisory Committee is con- 
cerned about the unequal municipal services 
rendered by the small and medium-sized cities uf 
the Statel It has reviewed the failure of affirmative 
action to improve significantly the roles of minori- 
ties and women in Missouri State government. 
Similarly, there have been complaints that minori- 
ty and female consultants do not receive a share 
of city and State contracts. 

But, as elsewhere, the primary concern must be 
the lack of available jobs in the private sector. 
This has been compounded by the flight of busi- 
ness from the old central cities to suburban loca- 
tions beyond the reach of the central city poor, 
who are primarily black. 

The quest for jobs is complicated by the failure 
of the suburbs to allow adequate low-cost housing 
in their jurisdictions that would compensate for 
the dismal lack of public transportation. 

Education makes employment possible in this in- 
creasingly technological age. Yet central city 
school systems have been allowed to deteriorate, 
becoming more segregated rather than less. Those 
who have turned away from desegregated educa- 
tion have also renounced any obligation to 
preserve the quality of urban schools. The State of 
Missouri's education department has failed to as- 
sume any leadership to assist the desegregation 
process in either Kansas City or St. Louis. 

Police and prisons remain sources of tension. 
The Advisory Committee hopes that more en- 
lightened State and local authorities will take the 
steps necessary to alter the status quo by assuring 
adequate services and equal service for all. 

In the smaller cities of the Bootheel traditional 
discrimination persists. Locked into poor black 
communities, on the other side of the tracks of 
large jurisdictions, minorities receive less than 
equal service. A similar problem faces the minori- 
ties of other mid-Missouri communities. 

Efforts are needed to inform women of their 
rights to credit, housing, employment, and ser- 
vices. Special emphasis should be given to 
reaching those as yet untouched by the women's 
movement. 



Missouri Advisory Committee 
Members 

Paul Smith, Chairperson 
Gail Achtenberg 
Betty Adams 
Sterling G. Belcher 
Arthur A. Benson II 
John Buechner 
Joanne M. Collins 
James A. DeClue 
Charles Duffy 
Hedy Epstein 
John B. Ervin 
Elizabeth Gutierrez 
Elsie A. Hall 
David R. Humes 
Ruth K. Jacobson 
Myron Marty 
Joe L. Mattox 
Marian O. Oldham 
Anita L. Bond 
Ray Rodriguez 
Stanley D. Rostov 
Mabel Schulenberg 
Ashton Stovall 



114 



Montana 



In Montana, American Indians number 27,130, 
accounting for 3.9 percent of the total population; 
whites (694,409) comprise 95.3 percent of the 
State's inhabitants, while the 863 Asian Americans 
are 0.1 percent. Blacks are concentrated in the 
Great Falls area near the Malstrom Air Force 
Base. This group numbers 1,995 or 0.3 percent of 
the State's total inhabitants. Hispanics are primari- 
ly clustered around the Billings area and represent 
0.3 percent of the population (1,800). Half the 
Montanta population (50.6 percent) is female. 

Civil Rights Developments 

Because of their number in the population, the 
problems of American Indians predominate in the 
State. Other vital issues include police brutality, 
discrimination against Hispanics, the need for 
prison reform, and educational opportunities for 
minorities and women. 

Montana's Indian reservation lands are now 
sought after by non-Indians for their natural 
resources, coal in particular. Indian-inspired 
lawsuits challenge the threats to Indian sovereignty 
and to long-existent treaties. 

Montana's courts imprison a disproportionately 
large percentage of American Indians, blacks, and 
Hispanics. The Montana Advisory Committee has 
found that minorities are treated differently than 
are whites by the State's justice system. 

The Advisory Committee also found that minori- 
ties are underemployed and underrepresented in 
State and Federal agencies. The Montana Human 
Rights Commission documented discriminatory 
practices in employment. When the Advisory 
Committee launched an investigation of the media 
in Montana, it was discovered that minorities and 
women were discriminated against in employment 
by television stations as well as by newspapers. 
Since the study, minorities and women have been 
given greater media opportunities. Minority 
teachers in Montana are also being hired on a 
more equitable basis as a result of complaints by 
community groups and the Advisory Committee. 



The Center for Public Interest published a re- 
port documenting extensive sex discrimination in 
employment by State government. Existing antidis- 
crimination statutes are not being fully imple- 
mented, agencies monitoring equal employment 
are understaffed and ineffective, and women are 
underrepresented in high-level positions. The re- 
port stated that women are also conspicuously ab- 
sent from boards established to consider sex dis- 
crimination complaints. 

In 1975 the Montana Legislature passed legisla- 
tion recognizing the economic worth of 
homemakers. More equitable division of property 
upon divorce and more effective means of collect- 
ing child support along with allowing women to 
choose their legal residence are some of the provi- 
sions of the new bill. 

In October 1974 the Montana Legislature 
created two new agencies — the women's bureau 
and the equal employment opportunity bureau — to 
assist the newly established Montana Human 
Rights Bureau in handling discrimination com- 
plaints. In November these three agencies spon- 
sored a human rights and social justice conference 
whose participants questioned the bureaus' effec- 
tiveness. In 1974 the human rights bureau was 
funded with only $28,000 to process complaints in 
employment, housing, credit, and admission to 
schools. The bureau has authority only to attempt 
informal resolution of complaints and then may 
refer them to the State human rights commission 
for formal proceedings. The equal opportunity bu- 
reau is funded by EEOC to implement an affirma- 
tive action plan to place more women and minori- 
ties in State government jobs. The principal duty 
of the women's bureau is to develop a program to 
educate women concerning opportunities for equal 
status. None of the bureaus has any enforcement 
authority. 

The Montana United Indian Association in 1974 
conducted a series of six public conferences on the 
theme "The Politics of Indian Employment." The 
project was funded with $7,600 by a private 



115 



group, the Montana Committee for the Humani- 
ties. A report issued found that Indian unemploy- 
ment in the State ranges from 40 to 60 percent. 
It identified several barriers to Indian job security 
including: outright discrimination and ignorance of 
American Indian culture, whites attempting to 
convert Indians into whites, and cultural bias in 
screening and testing procedures for employment. 

The Montana Advisory Committee report Em- 
ployment Practices in Montana — The Effects on 
American Indians and Women was released at a 
press conference in Helena in October 1974. The 
report was distributed statewide and was a major 
topic of discussion at a human rights conference 
held in Helena in November of that year. 

The Montana Advisory Committee released its 
report entitled The Media in Montana: Its Effects 
on Minorities and Women on June 2, 1974. This 
report concentrated on the employment under- 
representation of women and minorities at 
newspaper offices and television stations in the 
State. 

Since July 1, 1975, it is unlawful for all em- 
ployers in Montana to terminate a woman's em- 
ployment because of pregnancy. Montana now 
prohibits State and local government agencies and 
their contractors and subcontractors from dis- 
criminating on the basis of race, color, religion, 
creed, political views, sex, age, marital status, 
physical or mental handicap, national origin, or 
ancestry. 

The State law on mandatory retirement at age 
65 has been stricken from the books. 

The Montana Commission for Human Rights 
was granted the power in 1975 to subpena wit- 
nesses and documents and defray the costs for in- 
digent persons filing charges under the State's civil 
rights law. 

In September 1975, Russell Smith, Montana's 
senior U.S. district judge, determined that Amer- 
ican Indian tribal sovereignty on the reservations 
never existed. Judge Smith said, "The concept of 
Indian sovereignty was given the coup de grace by 
the act of March 3, 1 871. ..which forbade the 
recognition of an Indian tribe as an independent 
nation." The judge's decision was of major im- 
portance in Montana, particularly in counties hav- 
ing reservations or parts of reservations within 
their boundaries. Judge Smith's decision has had a 
major impact on the concept of tribal sovereignty 
heretofore respected in Montana. 



The Montana Legislature amended its Fair 
Housing and Public Accommodations statute ef- 
fective July 1, 1975. The amendments prohibited 
discrimination in housing and public accommoda- 
tions based on sex, race, age, physical or mental 
handicap, color, or national origin. 

Unfinished Business 

Though there have been many positive civil 
rights developments since 1962, many of the 
problems alluded to are still central issues. Others 
which need to be the focus of attention for future 
efforts include the following. 

• The availability of credit for married, 
divorced, or widowed women remains a problem 
for women in the State. 

• Montana has no shelter for battered women. 
So awful is the plight of battered women in the 
State that they cannot even sue their husbands 
in case of assault. Police protection for battered 
women is minimal. 

• Racial discrimination in the employment of 
American Indians and blacks in department 
stores in the State requires closer investigation. 

• Indian land rights, as in the Dakotas and 
Wyoming, will be an increasingly volatile issue. 

IVIontana Advisory Committee 
l\/lembers 

Ernest C. Bighorn, Chairperson 

Jacob Beck 

John C. Board 

Dorothy Bradley 

Russel Conklin 

Maria Elena Federico 

James Gonzales 

Joan Kennerly 

Joseph McDonald 

Helena Peterson 

Angela V. Russell 

Marie Sanchez 

Geraldine Travis 



116 



Nebraska 



Nebraska, "the Cornhusker State," is in the 
heart of middle America. It has a population of 
1,483,493, of which 2.7 percent is black, 1.4 per- 
cent is Hispanic, 0.4 percent is American Indian, 
and 0.1 percent is Asian American. Blacks are 
concentrated in Omaha, the largest city, located 
on the extreme eastern end of the State. American 
Indians from the Omaha and Winnebago tribes are 
located on two reservations in northeastern 
Nebraska. Lakota Sioux populate towns in 
northwestern Nebraska near the Pine Ridge, South 
Dakota, reservation. Hispanics are concentrated in 
the farming and processing area around Scottsbuff 
in the Nebraska Panhandle. 

State and local commissions have been 
established to represent the minority groups and 
women. Laws have been passed to give local bases 
for civil rights claims, but minority and women's 
groups continue to complain that these gestures 
toward equal rights remain symbolic. 

The Nebraska Advisory Committee is interested 
in improving communications between minority 
and majority groups through a statewide public 
broadcasting network to make minority views 
more familiar to the bulk of the State population. 
The Advisory Committee has also been involved 
with civil rights in State prisons, civil rights agen- 
cies, and in equal employment opportunities. 

Civil Rights Developments 

Violence in Nebraska has been insignificant by 
national standards, but it has periodically erupted, 
indicating a level of continuing tension. 

In summer 1965 a riot broke out in the parking 
lot of a Safeway food store on 24th and Lake, in 
Omaha's black community. The disturbance was 
attributed to police overreaction to a minor fracas. 
A special blue-ribbon committee was appointed by 
Mayor Sorenson to review minority concerns. Its 
report led to a few jobs and the installation of 
water hydrant sprinklers for black children. 

In April 1968 another demonstration was trig- 
gered by the murder of Dr. Martin Luther King, 
Jr., and the suspicious death of a young black 



male in the Douglas County jail. Another demon- 
stration occurred that year following the fatal 
shooting by the police of a black teenager. 
Charges were filed against the officer involved, 
who was later found not guilty. 

In 1973 these events were repeated in the fatal 
shooting of a black man by a police officer. A task 
force on police-community relations was 
established by the mayor which provided some in- 
creased communication and human relations train- 
ing for police personnel, but no substantive 
changes. In the western portion of the State the 
American Indian Movement (AIM) was active in 
the Gordon-Chadron area during the early 1970s, 
but Nebraska was relatively untouched by the Pine 
Ridge episodes. Since then, AIM has decreased its 
activity in northwestern Nebraska. At the request 
of the Nebraska Indian Commission, U.S. Commis- 
sion on Civil Rights staff have made repeated visits 
to the area. 

Police-community relations have recently stabil- 
ized, but better human relations programs for po- 
lice officers and increased recruitment of minority 
and female police personnel remain goals of the 
Advisory Committee. 

In Omaha during 1974 an administrative police 
review board was created by executive order of 
Mayor Zorinsky. The board included the mayor, 
the chief of police, the public safety director, and 
the human relations department director. The pur- 
pose was to review police procedures and miscon- 
duct and to devise a complaint procedure enabling 
civilians to review copies of complaint investiga- 
tions for the first time. 

Prisons 

Conditions in the Nebraska State prisons were 
publicized by the Advisory Committee's study of 
the prison system. Inmate Rights and Institutional 
Response (August 1974). The Advisory Committee 
found: ( 1 ) that the parole board operated without 
regard for due process; (2) that medical facilities 
were absent; (3) that prison guards were in- 
adequate and poorly trained; (4) that too few 



117 



minority guards were recruited; (5) that legal ser- 
vices were inadequate; and (6) that decent wages 
were not paid for prison labor. Many of the 
recommendations made by the Advisory Commit- 
tee have been accepted. Committee members are 
continuing to work with prison personnel and in- 
mates and in program planning for penal reform. 

In response to Nebraska legislation LB 417, 
enacted in 1975, steps were taken by the State to 
establish standards for all local correctional facili- 
ties. The department of corrections and the Ad- 
visory Committee worked with the Nebraska Bar 
Association under a grant from the Law Enforce- 
ment Assistance Administration to develop stan- 
dards. The bar association reported that a study of 
nearly half the local jails in Nebraska found most 
of them unfit. Standards which were recommended 
by the bar association and the department of cor- 
rections were debated and modified in the 1977 
legislature, and are expected to go into effect in 
legislative year 1978. An office of jail standards 
administration is to be created within the cor- 
rections department. ■ 

Employment 

Although discrimination in employment has 
been illegal under Nebraska law since 1965, in- 
equality persists. In 1975 the Nebraska Equal Op- 
portunity Commission (NEOC) signed an agree- 
ment with Safeway stores to end all statewide dis- 
crimination in employment. A court decision earli- 
er had required Ford Motor Company to carry out 
similar actions. In 1977, the State Advisory Com- 
mittee investigated discrimination by State and 
private employers. 

Records of the State equal opportunity commis- 
sion show a steady annual increase of 10 percent 
in the number of complaints about employment 
discrimination based on race or sex. Additional 
staff has been recruited to address this load. 

In spite of increased Federal funds recently 
made available to aid employment of economically 
disadvantaged Indians in Winnebago, Macy, and 
Niobrara, and the United Indians of Nebraska, 
unemployment remains disporportionately high. 
The same is true of other minority groups served 
by special Federal funding. 

In 1972 the first black-owned bank in the State, 
Community Bank of Nebraska, was chartered. 
Later, Community Equity Corporation, initially 



funded by several church groups, began supporting 
small minority enterprises in Omaha. On January 
1, 1973, radio station KOWH, the first black radio 
station in the State, started broadcasting. 

The Advisory Committee's involvement with the 
Nebraska Department of Labor in 1976 resulted in 
participation for the first time by Chicano farm- 
workers in the design and management of the 
migrant service program. The problems confront- 
ing migrant workers remain a major concern of 
the Advisory Committee. 

Housing 

In a 1972 study, the Center for Applied Urban 
Research found that minorities were locked into 
the northeastern portion of the city of Omaha 
where the value of mortgages is markedly lower 
than in the developing white portion of town. Non- 
residential permits — a good indicator of jobs — are 
also low. Unemployment claims are higher. The 
area has been losing housing as new arrivals to the 
city choose to locate elsewhere. 

Despite the racial isolation and unequal oppor- 
tunities for residents of the northeastern sector of 
Omaha, few formal complaints of discrimination in 
housing have been filed. Most cases filed with the 
Nebraska Equal Opportunity Commission have 
been settled without litigation. In one of the few 
litigated by the commission, Edward Russell v. 
Green Acres Trailer Court (1973), the Douglas 
County (Omaha) District Court awarded judgment 
against the trailer court. Earlier, the Omaha 
Human Relations Commission had filed its first 
case, alleging a pattern and practice of discrimina- 
tion against the 48th and Sahler Corporation, 
managers of the Larsen Apartments. In June 1973 
Judge James O'Brien ruled in favor of the city. 

Schools and Desegregation 

The principal school desegregation activity in 
the State has been in Omaha. This began in 
December 1967 with a complaint by the Urban 
League. The U.S. Department of Justice became 
involved in April 1972 and a year later announced 
that it would file suit to force desegregation. The 
case was heard in March-April 1974 before Dis- 
trict Judge Albert Schatz. In October 1974 Judge 
Schatz ruled there had been no intent to segregate, 
but the ruling was reversed by the U.S. Court of 
Appeals for the Eighth Circuit in June 1975. Pend- 



118 



ing an appeal to the U.S. Supreme Court, Judge 
Schatz established a blue-ribbon panel to assist in 
designing a desegregation plan. In 1976 a plan 
drafted by the school board was accepted by 
Judge Schatz for implementation in the 1976-77 
school year. Despite some initial difficulties the 
plan has proceeded with few incidents. Just before 
the end of the 1977 summer school term, the 
Supreme Court remanded the Omaha case for 
review by the lower court. 

In 1974, in the western end of the State, Leroy 
Cassals organized a demonstration by Chicanos to 
protest improper placement of children in classes 
for the mentally retarded, excessive physical 
punishment of Latin children, and unequal access 
to the free lunch program. HEW's Office for Civil 
Rights reviewed the complaint and found noncom- 
pliance. In 1977 the district submitted a plan 
which is currently under review. 

Women's Rights 

Women obtained the right to vote in Nebraska 
in 1920, following the defeat of several earlier suf- 
frage efforts. A woman represents Nebraska's 
Third Congressional District in the U.S. House of 
Representatives. Out of 49 State senators, 3 are 
women. Nebraska was the sixth State to ratify the 
Equal Rights Amendment, but the legislature sub- 
sequently voted to rescind the ratification. 

American Indians 

Among the significant events involving the 
State's reservation Indians, a Federal court judge 
ruled against the Omaha tribe in the "Iowa Lands" 
suit. The suit, which had been in court for 4 years, 
involved land which, according to the geographic 
boundaries described by treaty, belonged in 
Nebraska. But the course of the Missouri River 
has changed since the treaty and the lands have 
been claimed by Iowa farmers. The Omaha tribe 
has appealed the court's decision. 

Through efforts of the various tribes acting in- 
dividually, Nebraska's reservations have begun to 
acquire limited housing projects to address the 
major need of good quality housing. 

The construction of a new high school at Macy 
and the inclusion of Indians on the Walthill School 
Board have averted a serious confrontation. 

A cooperative education program through the 
University of Nebraska (both Lincoln and Omaha 



campuses) has resulted in the availability of col- 
lege level courses at both reservations. This pro- 
gram's first Indian student received a degree last 
year. Other Indian students continue to attend the 
two campuses. 

The Omaha tribe is now building the first health 
clinic at its reservation in Macy. 

The Nebraska Indian Commission held a State 
hearing on violence in western Nebraska with re- 
gard to police and community relations. The meet- 
ing was held in conjunction with the Native Amer- 
ican Rights Foundation. Staff of the U.S. Civil 
Rights Commission and members of the Nebraska 
Advisory Committee attended. 

The Nebraska Advisory Committee has given 
support to the Nebraska Indian Commission when 
requested in the past and has assured it of con- 
tinued assistance whenever needed in the future. 

Civil Rights Enforcement 

The efforts of civil rights agencies in Nebraska 
were reviewed by the Advisory Committee in a re- 
port published in August 1975. 

The Nebraska Equal Opportunity Commission 
was established in 1965 to deal with discrimination 
in employment. Legislative records show that one 
major factor in its creation was the desire to 
preempt the U.S. Equal Employment Opportunity 
Commission from having direct jurisdiction in the 
State. 

Women as a group were protected along with 
others who had suffered discrimination on the 
basis of race, creed, or color. In 1969 the authori- 
ty of the State commission was expanded to in- 
clude equal pay for equal work for women. In the 
same year the commission's jurisdiction was ex- 
panded to include racial discrimination in housing 
and public accommodations. Marital status was 
added in 1977, but sex discrimination as such is 
still not covered relative to housing and public ac- 
commodations. The commission's problems are 
similar to those in other States — a large backlog of 
unresolved cases, little real authority, and a small 
staff controlled by part-time commissioners. The 
Advisory Committee has supported the efforts of 
the Nebraska Equal Opportunity Commission to 
increase its effectiveness. 

In May 1972 a Commission on Indian Affairs 
was established by statute. That same year also 
saw the establishment of a statutory Mexican- 
American Commission. 



119 



Although there had been a Commission on the 
Status of Women since 1964, it did not have staff 
until 1974. The commission has been very active. 

Only the cities of Grand Island, Omaha, and 
Lincoln have local human rights commissions. 
Omaha, Lincoln, Lancaster County, and Columbus 
also have local commissions on the status of 
women. The Advisory Committee found that all 
these lacked adequate staff and resources to ad- 
dress the vast scope of civil rights problems in- 
cluded in their jurisdiction. 

In 1977 the voters of Omaha refused to give 
their city's human relations department charter 
status equal to that of other city departments. The 
minority community viewed this as a slap in the 
face. Some have contended that voters rejected 
the proposal because they believed, mistakenly, 
that more funds were involved. 

The Advisory Committee's 1975 report recom- 
mended that substantial additional funding be 
given the civil rights agencies. It pointed out that 
only a tiny fraction of the State's budget is 
devoted to civil rights enforcement and intergroup 
relations. The Advisory Committee urged that all 
civil rights agencies be given authority to initiate 
pattern and practice investigations. It further urged 
that the civil rights laws of the State be con- 
solidated to parallel Federal law but include 
smaller firms (not covered under Federal law) as 
well, so that each local jurisdiction would enforce 
the same laws and each would assume some of the 
burden of the State. Agencies were urged to 
develop and use an internal affirmative action pro- 
gram. Many of the Advisory Committee's recom- 
mendations were procedural or called for addi- 
tional trained personnel. The Advisory Committee 
continues to work with the civil rights agencies to 
implement its recommendations. 

Voting Rights and Political 
Participation 

The black community in Omaha protested to the 
city council the continued use of at-large elections. 
In 1975, however. State Senator Ernest Chambers 
successfully pushed through a bill which allowed 
the Omaha school district to have district elec- 
tions. A black was elected to the school board in 
the first district election. 

Recent efforts by Senator Chambers and others 
to pass a district election bill for the city of 



Omaha and Douglas County have met with opposi- 
tion from city leaders and the State legislature. 
Local black leaders hint that they may file a 
lawsuit based on the inability of blacks to win a 
seat on the city council in at-large elections. When 
a vacancy occurred in 1977 on the city council, 
black community leaders were unsuccessful in 
their lobbying efforts to obtain the appointment of 
a black person. An Asian American has since been 
elected. 

Unfinished Business 

With its relatively small minority population, 
Nebraska has not been particularly attentive to 
minority matters. Of the many issues that fall 
within the umbrella of civil rights, discrimination 
in employment is among the most vital to the 
women and minorities of Nebraska. The Advisory 
Committee and staff have found that considerable 
discrimination remains, in both the public and 
private sectors. While some blatant cases still 
occur, the usual form is more subtle, e.g., through 
the use of unduly high entrance standards or non- 
job-related tests. The resources of all levels of 
government have proved insufficient, to date, in 
addressing this problem. 

In the face of opposition from labor and the 
chamber of commerce, the Omaha City Council 
refused to pass an effective contract compliance 
ordinance in 1976. The Advisory Committee had 
recommended such an ordinance in 1975 and con- 
tinues to urge action. 

School desegregation remains an issue in 
Omaha. There is every reason to believe that the 
good start made in 1976-77 will not be reversed 
and that further progress will be made, but the ef- 
fects of the Supreme Court decision are still to be 
seen. It may well reopen wounds that had started 
to heal. 

The problems of American Indians in western 
Nebraska and the pockets of settled-out Hispanic 
farmworkers continue to be ignored. Although the 
Indian population may be assisted by the national 
effort to redress past wrongs, problems of farm- 
workers will require intensive local efforts to 
develop support systems. 

The Advisory Committee realizes that there is 
more work yet to be done in areas such as em- 
ployment, education, housing, criminal justice, and 
in the equitable distribution of public monies. 



120 

Nebraska Advisory Committee 
Members 

Michael Adams, Chairperson 

Eugene H. Freund 

John A. Gale 

Jan F. Gauger 

Martha M. Gibbs 

Gary Hill 

Dianne G. Myers 

Vicki J. Krecek 

Louis LaRose 

Garnet 1. Larson 

Shirley M. Marsh 

Rita L. Melgares 

Lonnie B. Thomas 

Richard E. Shugrue 

Charles B. Washington 



Nevada 



121 



Nevada, with a land area of 109,889 square 
miles, had an estimated population of 652,193 in 
1977. The population in the Silver State includes: 
black, 37,047; American Indian, 10,586; Japanese 
American, 1,450; Chinese American, 1,274; 
Filipino American, 1,090; and other, 2,679. The 
1977 Hispanic population is estimated at 65,000 
by the Nevada Spanish Speaking Coalition, an or- 
ganization of Mexican Americans, Cubans, Puerto 
Ricans, Central and South Americans, and other 
Spanish-speaking communities. 

Civil Rights Developments 

A major industry in Nevada is gaming, which at- 
tracts thousands of tourists weekly. Yet until the 
early 1960s not all tourists were welcomed. 
Among the earliest activities of the Nevada Ad- 
visory Committee was a concerted effort, in coor- 
dination with the Nevada chapter of the National 
Association for the Advancement of Colored Peo- 
ple and other civic-minded organizations, to obtain 
passage of a public accommodations bill in the 
State legislature. The issue was highlighted by a 
Hawthorne restaurant's refusal to serve a black 
State Advisory Committee member during the 
lunch break at an informal hearing on problems 
faced by minorities at a Naval Ordnance Depot in 
the Hawthorne area. 

The Nevada Advisory Committee immediately 
drafted a resolution requesting that the U.S. Attor- 
ney General initiate an investigation of public ac- 
commodations in Nevada. Copies of this resolution 
were forwarded to members of the Nevada State 
Legislature and the action appears to have been 
instrumental in the passage of a public accom- 
modations bill. 

Following this action, the Advisory Committee 
decided that it would be important to increase the 
State's awareness of problems faced by minorities 
in Nevada. A series of informal hearings was held 
in the cities of Hawthorne, Elko, Winnemucca, 
and Ely to increase the awareness of the majority 
community and alert the minority community of 



the Advisory Committee's existence. Myriad 
problems were raised, including open housing 
needs, enforcement of public accommodations 
law, employment concerns, and educational issues. 
Action on these issues was begun by concerned 
citizens of the State. 

American Indians 

In the mid-1960s the Advisory Committee con- 
ducted an informal hearing in Las Vegas on the 
concerns of American Indians living on a reserva- 
tion in Clark County. The reservation lacked 
public facilities and had inadequate water and 
sewage lines. The Advisory Committee brought 
this to the attention of city and county officials 
and criticized them for allowing this situation to 
exist. The chamber of commerce, citizens' groups, 
and city and county officials instigated a drive to 
construct a public building on the reservation and 
remedy the lack of sewer and water lines. At the 
same time, a different group launched a campaign 
to "remove the vigorous" members of the Nevada 
Advisory Committee; that effort failed. 

Housing 

In 1969 the Nevada Advisory Committee pro- 
vided information to the State legislature on 
proposed open housing legislation. The bill lost by 
one vote, but in 1971 one of the Nation's strongest 
housing bills was passed by the Nevada Legisla- 
ture. 

Prisons 

In response to concerns raised about the Nevada 
State prison system, a subcommittee of the Nevada 
Advisory Committee to the U.S. Commission on 
Civil Rights was formed in late 1973 to study 
penal reform and complaints alleging that parole 
decisions were discriminatory. 

In April 1974 the prison reform subcommittee 
met to review preliminary research data and 
recommended that the Advisory Committee hold a 
public hearing on the parole system on July 19 
and 20, 1974, in Carson City, the site of State 



122 



prison facilities and the residence of State parole 
officials. Eighteen witnesses appeared before the 
Advisory Committee during the 2-day hearing, in- 
cluding prison administrators, parole board com- 
missioners, prison staff, parole office administra- 
tors, parole officers, inmates, parolees, and others 
concerned with penal reform in Nevada. 

The administration of the parole system in 
Nevada was overseen by the Nevada State Board 
of Parole Commissioners. The five members ap- 
pointed by the Governor served 4-year terms, but 
it was not a full-time board. The board had con- 
siderable discretion in determining the suitability 
of a prisoner for parole. 

The actual day-to-day supervison of the parolee 
was the function of the Nevada State Parole and 
Probation Department staff. One of the goals of 
the department was to assist the inmate in the ini- 
tial stages of the reintegration process. The Ad- 
visory Committee examined the interrelationship 
and interdependency of these three major ele- 
ments — in-prison procedures, parole board, and 
parole supervision. 

Throughout 1975 the Advisory Committee 
monitored the parole situation and gathered addi- 
tional data on the parole process. During this 
period the State department of parole and proba- 
tion and the Nevada State Prisons initiated 
changes in practices which had been questioned by 
those providing testimony at the Advisory Com- 
mittee's hearing. For example, parole rules were 
not in written form at the time of the Advisory 
Committee hearing, but are now printed and 
available to all parolees. 

In a March 1975 memorandum the Nevada 
State Prison warden changed the policy regarding 
inmates' access to their files. The warden wrote: 

Effective immediately inmates are to be al- 
lowed to read their material which is 
presented to the Board of Parole Commis- 
sioners. They should do this while it is in draft 
form so that if they can point out any verifia- 
ble inconsistencies or incorrect statements it 
can be modified. They are not to be given a 
copy of the report, however, they are to be al- 
lowed to read the full report of everything 
that is presented to the Parole Board prior to 
your recommendations. 

To ensure that the inmate has been informed of 
the report's contents, he or she is now requested 
to sign a form attesting to the fact that the report 
has been read and discussed with the counselor. 



In September 1975, the Nevada State prisons 
opened a pre-release center in Las Vegas. Now, 90 
days prior to an inmate's release on parole, he or 
she can be moved into this center for employment 
placement and counseling, family counseling, 
reorientation to community living, and a variety of 
other services not available to the inmate while 
confined in prison. 

The Advisory Committee's report, In the Gray 
Shadow: Parole in Nevada, was released in 1976. A 
major recommendation was that the State legisla- 
ture enact a bill establishing a full-time parole 
board. Nevada's Governor recommended to the 
State legislature that this recommendation be 
enacted, and the State senate finance committee 
has approved the Governor's legislation. 

Unfinished Business 

Throughout its history, the Nevada Advisory 
Committee has been involved in pointing out civil 
rights inequities in the State. The Advisory Com- 
mittee has monitored and studied a number of in- 
cidents with civil rights implications. 

The Advisory Committee has monitored the at- 
tempt to obtain ratification of the Equal Rights 
Amendment by the Nevada Legislature, particu- 
larly the legislation's progress through the State 
house. The resolution was defeated in 1973 and 
1975. In 1977, on its third attempt, the measure 
was approved by the senate judiciary committee 
and sent to the floor for a vote. The resolution 
cleared the full State senate, but was defeated in 
the assembly 24 to 15. 

The Advisory Committee continues in its role of 
raising significant concerns of minorities and 
women, knowing that only through increased 
awareness of problems can solutions be devised. 

Nevada Advisory Committee 
Members 

Woodrow Wilson, Chairperson 

Marlene Coffey 

Susan L. Deluca 

William M. Deutsch 

Jean E. Ford 

Donny L. Johnson 

Erma O'Neal 

Fernando Romero 

Eddie B. Scott 

Steven T. Walther 



New Hampshire 



123 



New Hampshire had a population of 737,681 in 
1970. The largest single ethnic minority group is 
Franco Americans, and the 1970 census listed 
112,559 persons or 16.6 percent of the total with 
French as their mother tongue. However, many 
other English-speaking Franco Americans would 
not be included in the "mother tongue" category. 
The New Hampshire Commission on Human 
Rights estimates that Franco Americans in ag- 
gregate make up as much as 30 percent of the 
total population. 

In 1970 there were 2,667 blacks or 0.4 percent 
of the total and 2,681 Hispanics or 0.4 percent of 
the total. 

The State planning department estimates that 
the population had grown to 826,000 by 1976, an 
increase of approximately 12 percent. The black 
population is growing fast and the New Hampshire 
Commission on Human Rights estimates that there 
were approximately 6,000 blacks in the State in 
1976. 

This increase of almost 125 percent is due in 
part to the undercount of minorities in the 1970 
census and to the growing migration of blacks to 
the New England States. The estimate is supported 
by a growing number of black students in the 
State's major cities. 

Although the 1970 census estimates that the In- 
dian population is 361, Indian leaders estimate the 
actual number of permanent Indian residents to be 
approximately 1,200. New Hampshire Indians in- 
clude members of both Abenaki and Wabanaki 
tribes. 

Official and private sources indicate that the 
Hispanic population has grown markedly. 

Franco Americans are concentrated in the larger 
urban areas and in the northern part of the State. 
Blacks are concentrated in Portsmouth, and 
Hispanics in the Manchester and Nashua areas. 

Although there is very little hard data, it is 
generally agreed that a high percentage of Franco 
Americans earn significantly less than other groups 
in the State. Their low economic level was con- 



firmed in part by a New Hampshire Advisory 
Committee review of employment in State govern- 
ment. That study showed that Franco Americans 
made up 17 percent of the State work force but 
held 30 percent of the jobs under $6,000. 

Black families earn less than white families but 
the difference is not as great as in other States. In 
1970 the median income for black families was 
$7,838 while the median income for white families 
was $9,703. However, a total of 6.9 percent of all 
black families received public assistance and 11.7 
percent earned less than the poverty level. For 
white families 2.4 percent received public 
assistance and 6.6 percent earned less than the 
poverty level. 

New Hampshire has the lowest unemployment 
rate among the New England States. According to 
the New Hampshire Department of Employment 
Security, in 1976 the State's unemployment, rate 
was 5.0 percent. The State has a relatively high 
percent of working women and in 1970 women 
made up 38.6 percent of the total work force. 
However, women earn significantly less than men. 
In 1970 the median income for men was $6,309 
and for women $2,343. 

Of particular interest to the Advisory Committee 
is the amount of Federal funds coming into the 
State. Most Federal programs require nondis- 
crimination and affirmative action with respect to 
employment created by Federal funds and require 
nondiscrimination in the distribution of benefits of 
such programs. In 1976, New Hampshire received 
$212,591,000 in Federal funds. 

Civil Rights Developments 
Enforcement 

For several years, the State refused to file em- 
ployment statistics by race, ethnic group, and sex 
as required by Federal law. In 1974 the State's 
failure to file the required EEO-4 forms with the 
U.S. Equal Employment Opportunity Commission 
(EEOC) came to the attention of the New 
Hampshire Advisory Committee during its review 



124 



of equal employment opportunity in State govern- 
ment. The Advisory Committee asked the Com- 
mission on Civil Rights to intervene and the Com- 
mission referred the problem to the EEOC. 

As a result, the Civil Rights Division of the U.S. 
Department of Justice filed suit against the State 
in Federal district court. In December 1975, the 
court ruled that EEOC was "entitled as a matter 
of law" to the data. The State's appeal was denied. 
In February 1976 the State filed the EEO-4 forms 
for the 3 years it had been delinquent. 

Nonetheless, several civil rights-related efforts 
have been initiated in State government. The New 
Hampshire Commission for Human Rights, created 
by legislation in 1965, is the only civil rights en- 
forcement agency in the State. Amended in 1971, 
1973, and in 1975, the commission has jurisdiction 
over discrimination on the basis of race, color, na- 
tional origin, religion, sex, age, marital status, and 
physical and mental handicaps. The agency has en- 
forcement and subpena powers, may investigate 
complaints of discrimination, and may issue cease 
and desist orders. Its orders are enforceable 
through the courts and may be appealed through 
the State supreme court. 

According to the State human rights commis- 
sion's director, one indication of the lack of con- 
cern with civil rights in the State is the continuing 
underfunding of the commission. Another indica- 
tion is the tabling of house bill no. 528 in the 1977 
legislative session, which called for funds for a 
State equal employment opportunity office. 

The commission on the status of women was 
created in 1972. It serves in an advisory capacity 
on issues related to women and promotes women's 
activities throughout the State. It has been 
criticized for taking a relatively conservative posi- 
tion on many issues; for example, it opposes elec- 
tive abortions. 

There is no State Indian affairs agency and New 
Hampshire is the only New England State without 
such a body. 

Employment 

The underrepresentation of minority groups and 
women in most employment systems in the State 
is a prime concern of civil rights and women's 
groups in the State. In 1974 the New Hampshire 
Advisory Committee began a review of equal em- 
ployment opportunity in State government. 



Because data were not available for the entire 
State government work force, the Advisory Com- 
mittee requested information from selected agen- 
cies in Manchester, Portsmouth, Nashua, and Ber- 
lin. From its analysis, the Advisory Committee 
concluded that blacks and other nonwhites were 
virtually absent in State government, and women 
and Franco Americans were concentrated in the 
lower salary positions. 

Following the Advisory Committee's first meet- 
ing with Governor Thomson to discuss this study, 
the Governor issued an executive order on equal 
employment opportunity in State government in 
August 1975. This order requires nondiscrimina- 
tion, but not affirmative action of all State depart- 
ments. Specifically, the order requires that "all 
State departments and agencies adhere to the con- 
cepts and principles put forth by Federal and State 
laws in assuring all people equal employment op- 
portunities in New Hampshire." Since the execu- 
tive order requires only nondiscrimination, which 
is clearly required by Federal law, it does not add 
any protection for the State's citizens. The Adviso- 
ry Committee was concerned that the Governor's 
executive order was not given wide publicity. 

Education 

As early as 1971, the New Hampshire Advisory 
Committee monitored racism in the public schools 
in a study of Portsmouth High School. As a result 
of the study, the Portsmouth Jaycees established 
an independent factfinding committee which con- 
cluded there was a need to sensitize the school ad- 
ministration to the "awareness of black needs and 
views in the areas of semantics, guidance, and 
counseling." 

The Advisory Committee has also maintained an 
interest in the needs of linguistic-minority students, 
primarily Franco American and Hispanic students. 
Following several interviews with school depart- 
ment staff, parents, and interested citizens in 
Manchester and Nashua, the Advisory Committee 
filed a complaint with the Office for Civil Rights 
of the U.S. Department of Health, Education, and 
Welfare charging that the Manchester school 
system was in violation of Federal guidelines for 
linguistic-minority students because they were 
housed with the mentally retarded. Following a 
compliance review initiated because of the Adviso- 
ry Committee's complaint, HEW found the school 
system out of compliance. 



125 



Women's Issues 

New Hampshire ratified the Federal equal rights 
amendment in 1973. In a referendum, in 1974, 
voters approved a State ERA which was a broad 
prohibition of discrimination on the basis not only 
of sex, but also of race, creed, color, or national 
origin. 

Other legislation involving women's rights, how- 
ever, has not fared as well. In the past legislative 
year, the fbllowing bills were killed before they 
reached a floor vote: 

• House bill no. 563, which would have 
established a reporting and prosecution unit of 
sexual assaults; 

• House bill no. 862, which would have 
established a family review board for 
proceedings in cases where child support has 
been contested; 

• House bill no. 867, which would have 
required telephone companies to list wives as 
well as husbands in telephone directories. 

Administration of Justice 

The New Hampshire prison system has been of 
longstanding interest to the Advisory Committee. 
In March 1974 the Advisory Committee held an 
informal hearing on the State correctional system 
in order to provide information for the U.S. Com- 
mission on Civil Rights project to set minimal stan- 
dards for the civil rights of inmates. As part of the 
review, the Advisory Committee conducted a 
thorough review of the State prison. Following the 
hearing, a number of changes occurred at the 
prison, including the resignation of the warden. 

In 1976 the Advisory Committee shifted its 
focus to corrections on the county level and to the 
other diverse elements of the State's correctional 
system. In May 1977 it held three conferences in 
the Concord, Manchester, and Portsmouth areas 
on pending legislation to establish a unified cor- 
rectional system for the State. At each conference, 
participants toured the county house of correction 
for that area. Following one of these conferences, 
the county commissioners announced their inten- 
tion to close the Hillsborough House of Correction 
in the Manchester area. 

Unfinished Business 

There is an acute need in New Hampshire to en- 
force existing civil rights legislation and, because 



of the relative dearth of State action, to translate 
Federal legislation into agencies and other 
mechanisms at the State and local level to make 
equality of opportunity for minorities and women 
a reality. 

Employment remains a major concern of 
women's and minority groups. As indicated in the 
Advisory Committee's study of equal employment 
opportunity in State government, much remains to 
be done in this area. The failure of the State to 
establish affirmative action procedures for all State 
agencies is particularly noteworthy. New 
Hampshire and Vermont are the only States in the 
northeast which have not established such 
procedures. 

There is also a need to establish special pro- 
grams to meet the educational needs of non-En- 
glish-speaking students. Franco American and 
Hispanic students would benefit from increased 
bilingual-bicultural programs. Based on informal 
complaints received by the Advisory Committee, 
the affirmative action efforts of institutions of 
higher education in the State should be reviewed. 

The needs and rights of women deserve a high 
priority. In addition to the need for affirmative ac- 
tion in public and private employment, a number 
of other areas need attention, including studies of 
procedures and services for battered women, rape 
prevention and treatment, child care, and 
reproductive choice. Sexism and racism in text- 
books and other materials used by the public 
schools should be reviewed. The elderly, both 
rural and urban, are another concern. Finally, 
many changes are still needed in the prison 
system. 

Based on its review of the various elements of 
the State's prison system, the Advisory Committee 
has recommended that: ( 1 ) after wide public par- 
ticipation and discussion, the general court should 
enact a bill creating a department of corrections 
and incorporating the diverse elements of the State 
correctional system, and (2) the various county 
commissioners should establish machinery to in- 
crease citizen awareness and participation in pro- 
grams in the county houses of correction. 



126 

New Hampshire Advisory 
Committee Members 

Sylvia F. Chaplin, Chairperson 

Inez Bishop 

Earl Bourdon 

Lena Coleman 

Maureen M. DeCloux 

Dudley W. Dudley 

Lauree Dusseault 

Anne M. Ford 

Robert H. Gilmore 

Hubert A. Hardy 

Philip J. Kenney 

Anne C. Menninger 

Jewel Milianes 

James O'Rourke 

Eileen Phinney 

Theodore Smith 

Mervin Weston 

Roy White 



New Jersey 



127 



According to the 1970 census, New Jersey had 
a population of 7,168,164 persons of whom 
3,700,791 were women. Approximately 10.7 per- 
cent of the population was black and 4.3 percent 
Hispanic. In 1976 when the total population had 
grown to 7,431,750, the Puerto Rican Congress, 
the major Hispanic organization in the State, esti- 
mated that the Spanish-speaking population had 
grown to 584,494. In addition to Puerto Ricans, 
the Hispanic community includes Cubans and a 
growing number of Central and South Americans. 
A conservative estimate of the black population in 
1976 was 778,000. 

The 1970 census reported other minorities as 
0.6 percent. A portion of this group is a growing 
Portuguese population, primarily in Newark. 

Minority populations are concentrated in the 
urban centers. Trenton is the State capital and the 
fifth largest city. Of 104,638 residents, 37.9 per- 
cent were black and 3.6 percent Hispanic. Newark 
is the largest city with 382,417 residents, 54.2 per- 
cent black and 12 percent Hispanic. Of 260,545 
persons in Jersey City, 21 percent were black and 
9.1 percent Hispanic. Paterson and Elizabeth also 
have relatively large minority populations. 

In 1976, according to the New Jersey Depart- 
ment of Labor and Industry, there were 3,336,700 
persons in the State's labor force, an increase of 
9.5 percent over 1970. The unemployment rate for 
the State as a whole was 9.0 percent, but it was 
significantly higher for the larger cities. Newark 
had an unemployment rate of 15.2 percent, Jersey 
City, 11.8 percent, and Paterson, 15.5 percent. 

Minority families continued to earn significantly 
less than white families. In 1970 in Newark, the 
median income was $5,437 for Hispanic families 
and $6,742 for black families, while the median in- 
come for white families was $7,735. Similarly, the 
proportion of families receiving public assistance 
or earning less than the Federal poverty level in- 
come is higher among minorities. 



Civil Riglits Developments 

The Division on Civil Rights of the New Jersey 
Department of Law and Public Safety, established 
in 1945, is the primary civil rights enforcement 
agency in the State. Originally prohibiting dis- 
crimination on the basis of race, creed, or national 
origin, the law has been amended several times, 
and includes a ban on discrimination on the basis 
of age (1962) and sex and marital status (1970). 
The law covers employment, housing, and public 
accommodations. Recent amendments prohibit 
blockbusting (1973), discrimination in credit or 
financial transactions (1975), and contain a provi- 
sion for treble damages against any New Jersey 
company which engages in a boycott (1977). This 
provision is aimed at companies participating in 
the Arab boycott of firms doing business with 
Israel. 

The effectiveness of the division on civil rights 
has been threatened in recent years by efforts to 
cut its jurisdiction and powers. The division lost 
jurisdiction over education, civil service, and in- 
surance claims when the State attorney general de- 
cided that other State agencies could handle these 
complaints. An appellate division decision restor- 
ing jurisdiction over education complaints has 
been appealed to the State supreme court. 

Another setback occurred when the New Jersey 
Supreme Court held in Lige v. Montclair that the 
division had no authority to impose quotas to 
remedy discriminatory employment practices. Ac- 
cording to division staff, this ruling has not only 
restricted the division's enforcement powers but 
has also made employers resistant to accepting less 
stringent corrective remedies, such as goals and 
timetables. 

A division on women was established in 1970 
and reorganized in 1974. It is aided by an advisory 
commission on the status of women. The division 
does research on women's issues and lobbies for 
legislation related to women. It has established a 
24-hour hotline to provide general information and 
referrals on special programs for women. 



128 



In 1974, in response to pressure from the 
Hispanic community, the Governor set up an of- 
fice of Hispanic affairs in the department of com- 
munity affairs to monitor the activities of Hispanic 
community service agencies and to distribute so- 
cial service funds. 

Employment 

Jobs remain a prime concern of minority and 
women's groups, with the minority unemployment 
rate exceeding 15 percent in larger New Jersey ci- 
ties, persisting unemployment and underemploy- 
ment of women, and the continuation of hiring 
freezes in both public and private sectors. A 1965 
order which established a policy of nondiscrimina- 
tion in State government was replaced in June 
1975 by executive order no. 14, requiring all State 
departments to develop affirmative action plans 
and appoint affirmative action officers. The New 
Jersey Advisory Committee to the U.S. Commis- 
sion on Civil Rights reviewed and commented on 
a draft of the order before it was issued and 
several of its recommendations were incorporated 
into the final document. Some progress has taken 
place in hiring and promoting a greater number of 
minorities and women in State government. In 
1972 minorities made up 18.8 percent and women 
46.1 percent of the work force. However, both 
groups were underrepresented at the higher salary 
and professional categories, where minorities held 
4.9 percent and women 8.8 percent of the jobs. By 
1977 minorities held 8.0 percent and women 14.8 
percent of the official and administrative positions. 

In 1975 the State legislature passed Public Law 
127 requiring all contractors with State and local 
governments to submit an affirmative action plan 
as part of a contract bid. In early 1977 the trea- 
surer's office, which has enforcement responsibili- 
ty, issued draft regulations to implement the law. 
Advisory Committee efforts in employment in- 
clude support for community groups demanding a 
broad affirmative action plan covering the con- 
struction of the New Jersey College of Medicine 
and Dentistry and for a similar effort regarding the 
construction of Newark airport. 

The issues of layoffs and seniority have seriously 
threatened affirmative action in New Jersey as el- 
sewhere in the Nation. A major setback occurred 
in 1975 in the Jersey Central Power and Light case, 
when a Federal circuit court ruled that a seniority 



system is not illegal, even if it perpetuates past dis- 
crimination, unless the intent of the system is dis- 
criminatory. The court held that the utility com- 
pany's collective bargaining agreement to lay off 
employees on a "last hired, first fired" basis super- 
ceded a conciliation agreement with the U.S. 
Equal Employment Opportunity Commission. The 
rationale of this decision was affirmed by the U.S. 
Supreme Court's 1977 decision in East Texas 
Motor Freight v. Rodriguez. 

Education 

In 1970 the State board of education established 
a policy of desegregation and issued regulations 
which require the student population of all schools 
to vary no more than 10 percent from the racial 
distribution of the pupil population of the district. 
Although the commissioner of education has the 
authority to impose a desegregation plan, the State 
office of equal educational opportunity generally 
relies on voluntary efforts of the school systems. 
However, the board has found that of the 101 dis- 
tricts covered by the regulations, approximately 10 
are not in compliance. The commissioner withheld 
State funds from the Roselle School District when 
the school district failed to desegregate. After the 
desegregation order was upheld by the courts, the 
commissioner imposed a desegregation plan which 
is now in effect. The remaining districts are still 
challenging the regulations. 

Significant steps have been taken in the area of 
bilingual education. Ten school districts are being 
monitored for compliance with the Lau v. Nichols 
ruling that school districts must meet the needs of 
students whose primary language is other than En- 
glish. In January 1975 the legislature passed a law 
requiring a full bilingual program in any district 
with 20 or more limited English-speaking students. 
In July 1976 there were 40 school districts 
covered by the law and providing bilingual pro- 
grams, primarily in Spanish but also in Portuguese, 
Italian, and French. The office of bilingual educa- 
tion and Hispanic groups agree that nearly all the 
bilingual programs in the State are in less than full 
compliance. 

In 1975 the State supreme court held that use 
of a local property tax to finance public education 
denied equal educational opportunity to students 
from less affluent communities. At that time, the 
State paid approximately 21 percent of the educa- 



129 



tional funds. The court ordered the State to close 
the schools until it found an alternative method of 
financing. The schools were opened shortly 
thereafter when the legislature passed Public Law 
212 providing for an income tax to finance ap- 
proximately 41.5 percent of educational funds. 

Finally, Title VI of the Education Law of 1975 
requires all school districts to appoint an affirma- 
tive action officer, to develop an affirmative action 
plan, and to review their curriculums for race and 
sex bias. A three-person staff in the State office of 
education is responsible for reviewing the plans of 
the 589 school districts in the State. The Advisory 
Committee is concerned that in light of this wor- 
kload the substantive review will be inadequate. 

Housing 

The Advisory Committee has received com- 
plaints of systematic housing discrimination 
through zoning, redlining, racial steering, and dis- 
placement of minority groups in newly developing 
areas. New housing in developing suburban areas 
is too expensive for most lower- and moderate-in- 
come persons, including the large majority of 
minority group members. This fact becomes in- 
creasingly significant because of the high unem- 
ployment rates in the cities and the development 
of new jobs in industrial parks in the suburbs. 

In the 1975 Mt. Laurel decision, the New Jersey 
Supreme Court limited exclusionary zoning regula- 
tions, holding that a developing township cannot 
zone only for the welfare of its own residents but 
that each municipality must bear its fair share in 
meeting the region's low- and moderate-income 
housing needs. 

The Hackensack Meadowlands Development 
Commission is the first agency in the State with re- 
gional authority in land use planning. Its mandato- 
ry land use plan requires housing for low- and 
moderate-income people and, as an incentive to 
develop such housing, provides for sharing of tax 
revenues among 19 northern New Jersey mu- 
nicipalities. 

Other efforts in the housing area include an 
anti-redlining bill, passed in 1977, and a major 
class action suit which charges that Bergen County 
real estate brokers engage in racial steering 
throughout the county. 



Prisons 

As part of its longstanding concern with the 
New Jersey prison system, the Advisory Commit- 
tee interviewed approximately 100 inmates in 
1973, and in February 1974 held an informal hear- 
ing in Trenton on prison conditions. The study was 
part of the U.S. Commission on Civil Rights' na- 
tional prison project to establish minimal standards 
for the civil rights of inmates. The Advisory Com- 
mittee made a number of recommendations in the 
areas of discipline, health and medical care, legal 
services, and programs for Hispanic inmates. Many 
of these recommendations, such as a clear, written 
code of offenses and punishments, were imple- 
mented. However, the Advisory Committee con- 
tinues to receive complaints on the same issues. 

The Advisory Committee is also concerned 
about the status of female inmates. It has received 
allegations that more young women are tranquil- 
ized than young men, that physical education pro- 
grams are inadequate, and that vocational educa- 
tion courses are out of date. For example, the 
prison offers a course for beauticians, but State 
law prohibits former offenders from working in 
beauty salons. 

Women's Issues 

New Jersey ratified the Federal Equal Rights 
Amendment in 1972. A State ERA was defeated 
in 1975. The right to elective abortions has been 
a source of continuing controversy in the State. 
During 1975-76 the Advisory Committee con- 
ducted a survey of the State's five general public 
hospitals and found that four were not performing 
abortions. The U.S. Supreme Court's decision that 
public hospitals are not constitutionally required to 
perform elective abortions may inhibit activities in 
this area, but the New Jersey Supreme Court has 
held that under State law, if staff doctors in 
private hospitals wish to perform abortions, they 
must be permitted to do so. 

The recent ruling of the United States that each 
State may determine whether medicaid funds may 
be used for elective abortions makes the State's 
policy on this issue even more ambiguous. The 
Advisory Committee believes that the State should 
use medicaid funds for abortions because a more 
restrictive policy burdens poor women, many of 
whom are minority, by denying them the right to 
make the choice without financial considerations. 



130 



The problem of domestic violence has also 
received increasing attention. Shelters for battered 
women are being opened, and support and coun- 
seling organizations have been established 
throughout the State. Nonetheless, much needs to 
be done to provide funds for those programs al- 
ready in existence, to create new ones, and to sen- 
sitize the police, the courts, and all elements of the 
criminal justice system to the issue. 

Hispanic Issues 

During the 1974 Labor Day weekend, civil dis- 
orders erupted in Newark following a confronta- 
tion between the Hispanic community and Newark 
police at Branch Brook Park in the city. Two 
Puerto Ricans were killed during the disturbance. 
A grand jury subsequently indicted unidentified 
police officers for the slaying and asserted that the 
policemen's identities had been covered up by a 
"conspiracy of silence." The police officers have 
never been identified or brought to trial. The 
grand jury also charged that the police had 
"overreacted" to the violence. 

Hispanic leaders told the Advisory Committee 
that poor housing, high unemployment, low educa- 
tional achievement, and a general sense of power- 
lessness in regard to the political and decisionmak- 
ing machinery of the city contributed to the unrest 
in the Hispanic community. 

Following discussions with city officials and 
community leaders, the Advisory Committee 
reviewed the extent of Hispanic participation in 
the city's Comprehensive Employment and Train- 
ing Act (CETA) programs. It found that Hispanics 
were underrepresented as staff in all the CETA 
programs and as clients in the public service pro- 
grams, one of the two major employment pro- 
grams. As a result of this study, the city of Newark 
reevaluated its own estimate of the Hispanic 
CETA-relevant population and, for the first time, 
set specific goals for Hispanic participation. 

Hispanic persons are the fastest growing and the 
poorest minority group in New Jersey, and similar 
problems exist throughout the State. In order to 
make government services available to this popula- 
tion, the State needs to provide interpreters in the 
courts and throughout the criminal justice system 
and Spanish-speaking staff at all levels of State and 
local government, particularly in policymaking 
positions and in outreach services. 



Unfinished Business 

Although New Jersey has some of the strongest 
civil rights laws in the country, continued activity 
is necessary to effect meaningful change in the 
lives of New Jersey residents. Among the items of 
unfinished business are: 

• State Government: Efforts are needed to 
maintain the authority of the State's division on 
civil rights, to increase the funding and authority 
of the office of Hispanic affairs, and to focus the 
attention of the division of women on issues 
such as abortions and the needs of Hispanic 
women. 

• Employment: Continued unemployment and 
attacks on affirmative action threaten those 
gains that have been made. Efforts must be con- 
tinued to consolidate gains in government em- 
ployment, particularly in the employment of 
Hispanics. Based on the funding level of the 
contract compliance office and complaints from 
the community, the Advisory Committee has 
seen little evidence of commitment to imple- 
menting the 1975 law. 

• Education: If fully implemented, the bilingual 
education law would provide greatly improved 
educational services to students of limited En- 
glish ability. Few districts, however, have com- 
mitted themselves to full bilingual programs. 
The staff and resources of the office of equal 
educational opportunity need to be increased to 
permit it to adequately monitor curriculum and 
affirmative action in all school districts. 

• Housing: Minorities continue to be excluded 
from decent housing because of individual bias 
and systematic policies like redlining and exclu- 
sionary zoning. A new concern is displacement 
of black and Hispanic residents in Atlantic City 
because of inflated land values connected with 
legalized gambling. 

• Corrections: Continued monitoring of condi- 
tions in the prisons is essential to protect the 
civil rights of inmates. 

• Women's Issues: A woman's right to decide 
whether or not to have an abortion has become 
more precarious in light of State policy on 
public funding of abortions. Services for bat- 
tered women and reform of policies of the po- 
lice, courts, and social service agencies are ur- 
gently needed. 



131 



• Hispanic Issues: In addition to suffering from 
the various discriminatory patterns experienced 
by all minority group members, Hispanics also 
suffer from the inadequacy of the educational 
system and a language barrier in receiving 
government services. 

New Jersey Advisory Committee 
IVIembers 

Joel Jacobsort, Chairperson 
Clyde C. Allen 
Estl Rosenblum 
Nancy H. Becker 
Leslie E. Blau 
Gabriel Coll 
Daniel Ellis 
George H. Fontaine 
Trinidad Gonzalez 
Elijah Gordon 
Mary Ellen Irwin 
Cynthia M. Jacob 
Mary J. Lacey 
Hector G. Machado 
Ruth R. McClain 
Albert Merck 
Eleanor S. Nissley 
Albert M. Robinson 
Alfonso Roman 
Julia R. Scott 
Karla J. Squier 
Robert J. Tanksley 
Nadine Taub 
Edna Thomas 
Zaida J. Torres 
Ruth W. Waddington 
Robert Alvin Wilson 
Richard A. Zimmer 



132 



New Mexico 



According to the 1970 census, slightly more 
than 400,000 or approximately 40 percent of New 
Mexico is Mexican American and about 19,500 or 
less than 2 percent is black. Nearly 72,000 Amer- 
ican Indians live in New Mexico, constituting 
about 7 percent of the population. The State's 
total population, as estimated for mid-year 1975 
by the University of New Mexico, was 1,147,000. 
Approximately one-third of the population is con- 
centrated in the Albuquerque Standard 
Metropolitan Statistical Area (SMSA), and Mex- 
ican Americans also constitute nearly 40 percent 
of the population in the metropolitan area. 

In a special survey undertaken by the New Mex- 
ico Commission on Indian Affairs in 1972 to up- 
date census figures, it was determined that about 
80,000 Indians reside in the State. The vast 
majority, approximately 64,000, live on the State's 
26 reservations, the largest of which is the Navajo 
Reservation. 

The median family income for the State is 
$7,849. The median for white families is $8,117; 
for Mexican American families, $6,057; for blacks, 
$5,204, and for American Indians, $4,327. A high 
incidence of poverty characterizes the Indian 
population with more than 50 percent earning in- 
comes below the poverty level. 

The median number of school years completed 
by persons 25 years old and over in New Mexico 
is 12.2 years. For Indians, however, the median is 
8.1 years; for Mexican Americans, 9.7 years; for 
blacks, 10.9 years; and for whites, 12.2 years. 

The civilian work force 16 years old and over 
consists of approximately 431,088 persons. As of 
1975 the New Mexico Employment Security Com- 
mission determined that the State's unemployment 
rate was 7.2 and the rate for minorities was 9.7. 

The Bureau of Indian Affairs has estimated that 
in 1972 approximately 1 1,000 Indians, or about 38 
percent, were unemployed and another 5,230 were 
classified as underemployed. On many reservations 
in New Mexico, nearly 50 percent of the Indian 
labor force is either unemployed or unde- 
remployed. 



Civil Rights Developments 

Voting Rights and Political 
Participation 

In 1975 Congress amended the Voting Rights 
Act to strengthen the 15th amendment which con- 
cerns voting rights of citizens with a limited 
knowledge of English. The minority language 
requirements of the Voting Rights Act are in- 
tended to ensure that American citizens are not 
deprived of the right to vote because they cannot 
read, write, or speak English. In New Mexico all 
32 counties are covered by this section of the act. 

As of March 1, 1976, three New Mexico coun- 
ties (Curry, McKinley, and Otero) were covered 
by the more stringent provisions of the Voting 
Rights Act, wherein all changes in electoral laws 
and practices must be submitted for Federal 
clearance and Federal examiners and observers 
can be designated (sections V and VI). In 1976, 
however, the State was successful in obtaining 
Federal court relief which ended the special 
coverage in the three counties. 

In 1977 New Mexico had 11 minority State 
senators, 1 7 minority representatives. Overall, 
minorities constitute about 25 percent of the State 
legislature. The Governor of New Mexico, Jerry 
Apodaca, a Mexican American, was elected for a 
4-year term in 1974. 

Women's Issues 

The New Mexico Legislature not only ratified 
the Federal Equal Rights Amendment but in 1972 
also passed a State equal rights amendment. The 
State measure was approved in a general election, 
and subsequently, many State laws have been 
changed to comply with the State ERA. 

New Mexico has enacted a progressive abortion 
statute. As currently applied, any woman can ob- 
tain an abortion during the first 6 months of 
pregnancy. During the final 3 months, she may be 
refused unless such a procedure is necessary to 
protect her life or health. To obtain an abortion, 



133 



a woman does not have to be a resident of New 
Mexico, nor does she need her husband's or 
parent's permission. However, if she is under the 
age of 1 8 years, the consent of a parent or guardi- 
an is required. 

Education 

Education has consistently been a major civil 
rights issue in New Mexico. The U.S. Commission 
on Civil Rights has undertaken considerable 
research in this area with its Southwest Indian Pro- 
ject and the six-volume study of Mexican Amer- 
ican Education. The New Mexico Advisory Com- 
mittee has expanded the scope of these research 
efforts. The results indicate that minorities face 
significant obstacles when they enter the State's 
public school systems. 

For example, a Mexican American student's 
chance of dropping out of school before the 12th 
grade is 1 .4 times greater than that of the Anglo 
student, while the American Indian's chance is 1.6 
times greater. Minority students are also less than 
half as likely as Anglos to proceed to a higher edu- 
cation. While 25 percent of Anglo fourth graders 
in New Mexico schools surveyed by the Commis- 
sion are reading below grade level, nearly twice 
this proportion (48 percent) of Mexican Amer- 
icans are reading below grade level. 

The poorest reading achievement is found 
among Indian students. More than half (52 per- 
cent) of the Indian children in the Commission's 
New Mexico sample are deficient in reading profi- 
ciency by the time they are in the fourth grade. 
Statistics for grade repetition are also very reveal- 
ing. Based on the Commission's study, 8.5 percent 
of Anglo students in New Mexico are required to 
repeat the first grade, compared with 14.9 percent 
for Mexican Americans and 19.0 percent for 
blacks. 

With respect to ethnic isolation within school 
systems, the study found that 75 percent of Mex- 
ican Americans in the elementary schools attend 
predominately Mexican Americans schools — at the 
secondary level, the percentage drops to 60 per- 
cent. With 38 percent Mexican American student 
enrollment, only 16 percent of the teachers are 
Mexican American, and 70 percent of all Mexican 
American teachers are assigned to predominantely 
Mexican American schools. 



In an important decision based on Lau v. 
Nichols, the U.S. Court of Appeals for the Tenth 
Circuit ruled that the Portales, New Mexico, mu- 
nicipal schools discriminated against non-English- 
speaking students by failing to provide bilingual 
educational programs to Spanish-surnamed chil- 
dren. The court noted the factual similarity to the 
situation that led to the Lau decision. In Portales 
Spanish-surnamed students, most of whom were 
deficient in the English language, were placed in 
public schools that were required by law to con- 
duct classes in English. Despite the lack of demon- 
strated discriminatory intent on the part of the 
school board, the court concluded that the board 
had discriminated against Spanish-surnamed chil- 
dren on the basis of national origin by not provid- 
ing them with a meaningful education (Serna v. 
Portales Municipal Schools). 

In 1974 the State legislature passed a progres- 
sive school finance reform measure, the "State 
Equalization Guarantee." The effect of equaliza- 
tion is that the State now provides approximately 
83 percent of all statewide school expenditures. 
Furthermore, the formula established in the law 
virtually guarantees that the amount of funds spent 
for each child stays the same throughout New 
Mexico. 

The New Mexico Advisory Committee con- 
ducted an informal hearing in 1968 in Clovis, an 
eastern New Mexico community bordering on the 
Texas panhandle. Many witnesses were concerned 
about the public schools' insensitivity to Mexican 
American concerns. Parents and students testified 
about personal experiences which had affected 
them. Language barriers and other forms of exclu- 
sion and isolation from full participation in educa- 
tional issues were emphasized. 

Administration of Justice 

The U.S. Commission on Civil Rights and its 
New Mexico Advisory Committee have received a 
steady flow of complaints from citizens in New 
Mexico alleging unwarranted police action and the 
excessive use of force. Several significant examples 
of alleged abuses were documented in the Com- 
mission's 1970 report, Mexican Americans and the 
Administration of Justice in the Southwest. 

Probably the best known case involved the re- 
ported efforts of law enforcement officials to 
prevent political organization of Mexican Amer- 



134 



icans in northern New Mexico in a series of in- 
cidents culminating in the "Tierra Amarilla raid" 
in June 1967. 

An organization known as the Alianza Federal 
de Mercedes was formed in 1963 with a stated 
goal of improving the status of Mexican Americans 
in the Southwest. A meeting of the Alianza was 
scheduled for June 1967 in a small community in 
the northern county of Rio Arriba. Subsequently, 
many Mexican Americans charged that the district 
attorney as well as other law enforcement officials 
used their powers to discourage and intimidate 
persons planning to attend the meeting. 

In early June the district attorney ordered the 
arrest of 1 1 officers of the Alianza, some of whom 
were taken to the courthouse in Tierra Amarilla 
for arraignment. Several Mexican Americans then 
attempted what they described as a "citizen's ar- 
rest" of the district attorney and violence resulted. 

Soon after the Tierra Amarilla disturbance, 
armed sheriffs, deputies, State policemen, and Na- 
tional Guardsmen surrounded the picnic grounds 
where the meeting was to be held and reportedly 
kept men, women, and children by force for more 
than 24 hours without adequate shelter or drinking 
water. Many charges of physical and mental abuse 
were later alleged by participants against law en- 
forcement officers. 

In 1972 the New Mexico Advisory Committee 
conducted hearings in Sante Fe to obtain more 
specific information about problems in the 
criminal justice system. More than 40 witnesses 
voluntarily testified including judges, public offi- 
cials, law enforcement officers, and complainants. 

The Advisory Committee heard many com- 
plaints of alleged use of excessive force by police 
officers, as well as other problems involving po- 
lice-community relations. The report later released 
by the Committee established that many minority 
citizens look upon the courts, the police, and the 
entire judicial system in the State with distrust. 

The New Mexico Advisory Committee and the 
U.S. Commission on Civil Rights have urged the 
U.S. Department of Justice to intercede in several 
civil rights cases involving the deaths of minorities, 
but have been unsuccessful in obtaining such inter- 
vention. 



Employment 

The U.S. Commission on Civil Rights conducted 
hearings in Albuquerque in November 1972 and 
employment of American Indians was an issue of 
grave concern. Particularly significant was the fact 
that New Mexico State government agencies em- 
ployed only 198 Indians out of a total work force 
of 10,557 State employees. While Indians 
represented 7.2 percent of the State's population, 
they occupied only 1.9 percent of the State's jobs. 
Furthermore, only 20 State agencies of a total of 
73 employed any Indians at all. 

In May 1974 the New Mexico Advisory Com- 
mittee held followup hearings in Santa Fe to deter- 
mine if progress had been made since the Commis- 
sioner's 1972 hearing on the State's hiring prac- 
tices. The Advisory Committee found that in 
March 1974, 237 or about 2 percent of the nearly 
12,000 persons employed by the State were Indi- 
ans. From December 1971 to March 1974, the 
number of employees in State government had in- 
creased by about 1 ,340. During this same period, 
the number of Indians employed in State govern- 
ment had increased by 36, and only 28 State agen- 
cies out of a total of 74 employed any Indians at 
all. Furthermore, more than 70 percent of all Indi- 
ans employed by the State were concentrated in 
three agencies. 

Testimony before the Advisory Committee 
reflected not only many serious employment bar- 
riers within the State personnel system but also ex- 
treme ignorance of affirmative action concepts and 
insensitivity toward the needs of Indian people. 
The Advisory Committee also found that while 
blacks constituted 1.9 percent of the State's popu- 
lation, they received only 0.9 percent of State 
government jobs. 

Recent Commission research reflects that, as of 
June 1976, Indian employment in State govern- 
ment still represents a meager 2 percent and black 
employment has increased slightly to 1.01 percent 
of the total work force. 

Employment discrimination at the local level 
was an issue of great concern during the Advisory 
Committee's informal hearing in Clovis. Numerous 
witnesses alleged that both private and public sec- 
tors discriminated against Mexican Americans and 
blacks in all aspects of employment — recruitment, 
hiring, training, promotions, salaries, and termina- 
tions. The Advisory Committee found that minori- 



135 



ties in Clovis do not share proportionately in the 
economy, and their participation in the job struc- 
ture is limited to menial and dead end jobs. 

Indian Civil Rights 

In a major challege to employment preference 
for Indians in New Mexico in the Bureau of Indian 
Affairs (BIA), non-Indian employees brought a 
class action suit claiming that the Indian 
preference .provision provided by the Indian Reor- 
ganization Act of 1934 contravened the antidis- 
crimination provisions of the Equal Employment 
Opportunities Act of 1972. A three-judge court 
rendered judgment in favor of the plaintiffs, hold- 
ing that Indian preference was implicitly repealed 
by the 1972 Act. The Supreme Court reversed the 
decision and held that employment preference for 
Indians in the BIA did not constitute invidious ra- 
cial discrimination but was reasonable and 
designed to promote Indian self-government 
(Morton v. Mancari). 

Indians have a high infant birth rate, a high in- 
fant mortafity rate, and a short life expectancy. 
Tuberculosis still plagues American Indians and its 
occurrence is nearly eight times the national 
average. Alcoholism causes 6.5 times as many 
deaths among the Indian population as among the 
general population and the suicide rate is twice the 
national average. 

The Indian Health Service — formerly a part of 
BIA but now a part of the Department of Health, 
Education, and Welfare — is responsible for the 
health care of the Indian population. The Commis- 
sion's Southwest Indian Report (May 1973) shows 
that the Indian Health Service is seriously un- 
derfunded and understaffed and lacks the capacity 
to meet the health needs of the Indian people 
adequately, both on and off reservations. 

In April 1974, the bodies of three Navajo men 
were found in separate locations in the rugged 
canyon country near Farmington, their bodies 
severely beaten, tortured, and burned. The brutali- 
ty of these three crimes provoked immediate and 
angry outrage from the Navajo community. The 
tranquility which had seemed a way of life in 
Farmington was abruptly ended. Much of the 
Anglo community in Farmington found itself not 
only ill-prepared to deal with the ensuing crisis, 
but confused, threatened, and frightened. A 
number of dramatic activities were conducted by 



Indian organizations in Farmington and throughout 
the State to call attention to what these groups felt 
was a long history of racial discrimination against 
Indians in the northwestern part of New Mexico. 

In response to the crisis in Farmington, a 3-day 
hearing was convened there by the New Mexico 
Advisory Committee in August 1974 to hear 
testimony concerning civil rights issues affecting 
American Indians in the Farmington area. More 
than 85 individuals, representing a broad cross 
section of the Indian and non-Indian communities 
provided detailed information on several critical is- 
sues, including the administration of justice, 
economic development, employment, health ser- 
vices, and community attitudes. The national 
media provided extensive coverage. 

The Equal Employment Opportunity Commis- 
sion filed charges against the city of Farmington 
soon after the New Mexico hearing. The EEOC 
district office in Albuquerque recently issued a 
letter of determination and it is possible that the 
case may ultimately be referred to the U.S. De- 
partment of Justice. 

Litigation was filed in 1974 by DNA, Navajo 
Legal Services, charging San Juan County Hospital 
(near Farmington) with refusal to treat Indians in 
the emergency room on the same basis as non-In- 
dians. The Federal district court in Albuquerque 
dismissed the case, but the U.S. Court of Appeals 
for the Tenth Circuit ruled that the district court 
had erred and remanded the case for further 
proceedings. 

The Department of Justice intervened in May 
1976 and was successful in obtaining a consent 
degree in December 1976 requiring the hospital to 
provide equal emergency room treatment for 
American Indians. 

Inaccessibility of adequate emergency health 
care for Indians in San Juan County was a major 
issue addressed at the hearing in Farmington con- 
ducted by the New Mexico Advisory Committee. 

Unfinished Business 

Water rights are extremely important in the 
West, especially to Indians, for only if their water 
rights are respected and protected by the Federal 
Government can Indians maintain their reservation 
lifestyle. Their grazing lands, herds, crops, and the 
game they hunt are dependent on an adequate 
supply of water. 



136 



Early in this century, the United States Supreme 
Court recognized that reservation Indians had 
retained their right to use water found on the 
reservation. The Winters doctrine established that 
the right to use the water was not given up when 
various tribes ceded some of their homelands to 
the United States. 

The New Mexico Advisory Committee is 
dedicated to continuing its efforts toward promot- 
ing equal rights and opportunities. New Mexico 
ranks 45th in per capita income by State and this 
economic disadvantage disproportionately affects 
minorities. 

The United States acquired the territory of New 
Mexico as a result of the Treaty of 
Guadalupe-Hidalgo which ended the 

U.S.-Mexican War of 1846. The impact of this on 
the native population was profound. The new 
government proceeded to impose its system of law 
upon the territory, resulting in the loss of title to 
vast amounts of land for persons of Spanish orign. 
As a conquered people, Indians were forced to 
give up almost all of their land in exchange for 
limited protections and guarantees, many of which 
have not been fulfilled by the Federal Govern- 
ment. 

The civil rights problems which evolved from 
this history have not been entirely eliminated 
despite significant progress in certain areas. 
Among the several most important areas requiring 
additional civil rights attention in New Mexico are 
the following: 

• Education: Because of the high number of 
Mexican Americans and Indians in the State, the 
implementation of effective multicultural and 
bilingual educational programs in public school 
systems is essential. Commission and Advisory 
Committee studies have indicated that much yet 
remains to be accomplished to realize this goal. 
The role of the State department of education 
and individual school districts in satisfying Lau 
remedies and Title VI compliance must be 
closely monitored. With respect to higher educa- 
tion, access of minorities to enrollment and 
staffing positions has been identified by the Ad- 
visory Committee as a critical issue and one that 
requires additional research and action. 

• Women's Issues: Sex discrimination is an area 
of civil rights concern which has been in- 
adequately studied in New Mexico. Issues such 



as employment, economic security, credit, sex- 
ual assault, domestic violence, social benefits, 
and domestic law affecting women in New Mex- 
ico require close attention. 

• Indian Civil Rights: Because of the special 
relationship existing between the Federal 
Government and Indian people, continuous 
monitoring to assure the full protection of Indi- 
an rights must be maintained. Furthermore, 
States have historically attempted to encroach 
on Indian rights (especially with regard to taxa- 
tion, land, and water rights) and these threats 
must be counteracted by constant civil rights 
surveillance. Problems in the administration of 
justice continue to plague communities located 
near reservations as do inadequacies in the 
provision of social services and political 
representation. Discriminatory practices and at- 
titudes toward Indians remain a serious problem 
in New Mexico. Because of the abundance of 
natural energy producing resources on and near 
reservations, the potential for economic and 
ecological exploitation is very real and issues 
such as strip-mining of coal and conversion to 
gas have already created many problems for In- 
dian people, especially in northwest New Mex- 
ico. 

• Civil Rights in Southeastern New Mexico: 
There are many communities near the Texas 
border where discrimination against blacks and 
Mexican Americans is regularly alleged. Many 
of the problems involve the criminal justice 
system, employment, education, and political 
participation. There appears to be a pattern in 
these communities of extreme insensitivity to 
minorities and a consequent denial of equal 
rights and opportunities. 

• Employment and Economic Security: High 
levels of unemployment affect minority group 
members in New Mexico. Economic develop- 
ment has been limited and where it has occurred 
has not always directly benefited minorities. Dis- 
crimination in the public and private sectors 
continues to be alleged, and Advisory Commit- 
tee research confirms serious underutilization of 
blacks and Indians in State government employ- 
ment. EEOC records contain many complaints 
by all minority groups in New Mexico alleging 
discrimination in educational institutions, local 
governments, and private industry. 



137 



New Mexico Advisory Committee 
IVIembers 

Sterling F. Black, Chairperson 
Gerald T. Wilkinson 
Claudeen B. Arthur 
Emma J. Armendariz 
Harold Bailey 
Mary R. Darling 
Lorraine P. Gutierrez 
John G. Jasper 
Robert A. Mondragon 
Angie B. Provencio 
J. Lester Rigby 
Frank Tenorio 



138 



New York 



New York State and particularly New York City 
epitomize the crises that large States with large 
urban populations are experiencing. 

According to the 1970 census, there were 
18,236,967 persons in the State, more than half of 
them women. The total nonwhite population was 
3,228,841 or 17.7 percent of the total. Of those, 
2,168,949 (11.9 percent) were black, 872,471 
(4.8 percent) were Hispanic (largely Puerto 
Rican), 81,378 (0.5 percent) were Chinese, and 
28,355 (0.2 percent) were American Indians. 

The New York State Economic Development 
Board estimates that the State population had 
decreased to 18,086,000 by 1976. New York 
City's population declined 5.2 percent from 
7,894,862 in 1970 to 7,482,000 in 1976. Like 
other major American cities, New York City ex- 
perienced a decline in its white population and an 
increase in minority population. In New York City, 
the black population increased to 24 percent of 
the total population during that time. Hispanic 
groups estimate that the Spanish-speaking popula- 
tion increased to 20 percent of the total. The 
Asian community grew to 2.9 percent. These 
figures are based on the 1970 census (including 
compensation for an alleged undercount of minori- 
ties) and migration into the city since 1970. 

In New York City and throughout the State, 
minorities earn less than white families. The 
economic recession has hurt minority groups to a 
greater extent and statistics from the State depart- 
ment of commerce show that New York City has 
been hardest hit. While the business activity index 
for the State as a whole was up 6 percent between 
1967 and 1976, the index was down 8 percent for 
New York City during that period. The city lost an 
estimated 316,000 jobs between 1969 and 1974. 

Civil Rights Developments 
Enforcement 

A number of governmental organizations have 
been established at the State and local levels to 
promote equal opportunity for the disadvantaged, 
minority groups, and women. 



The State division of human rights is the prima- 
ry civil rights agency in State government. Created 
in 1945 as the State Commission Against Dis- 
crimination (SCAD), its original jurisdiction 
covered discrimination in employment on the basis 
of race, creed, color, or national origin. 

In 1968 the commission became the State divi- 
sion of human rights. Its jurisdiction was 
broadened in the 1960s to include discrimination 
on the basis of age (1958) and sex (1967). In 
1975 discrimination on the basis of marital status 
was prohibited and in 1976 discrimination against 
persons arrested but not convicted was included in 
its jurisdiction. 

In September 1976 Governor Carey issued ex- 
ecutive order no. 40, mandating affirmative action 
in State government. The State division of human 
rights issued guidelines the following month for all 
State departments to develop affirmative action 
plans with annual goals for the hiring and promo- 
tion of minorities and women. 

In January 1977 Governor Carey issued execu- 
tive order no. 45 mandating affirmative action on 
the part of contractors with State government. 
This order established an office of contract com- 
pliance in the State division of human rights to en- 
force the affirmative action requirements. 

Education 

The New York State Board of Regents has 
established desegregation of the State's schools as 
a broad policy goal. The New York State Board of 
Education filed its first complaint in 1964, charg- 
ing discrimination on the basis of race in the Mal- 
vern, Long Island, school system. Since then, the 
board has continued to file complaints and en- 
couraged other school districts to desegregate their 
schools voluntarily. As of June 1977, 37 school 
districts had filed desegregation plans with the 
State board. New York City had not developed a 
citywide plan. 

For several reasons, the move toward integrated 
school systems has not progressed rapidly. First, 
State action has limited the State board of educa- 



139 



lion's effectiveness. In 1971 the State legislature 
passed a law prohibiting the reassignment of pupils 
for the purpose of integration. Although this law 
was struck down by the courts, it slowed the work 
of the board of education. At about the same time, 
the State legislature failed to refund the State ra- 
cial balance fund, which provided financial 
assistance from 1965 until 1971 to school districts 
in the process of desegregation. The State depart- 
ment of education has asked for funds for school 
districts in the process of desegregation every year 
since, including $12 million for fiscal year 1977, 
but as of January 1977 the requests were denied. 
In 1977 Education Commissioner Ewald B. 
Nyquist was fired, in part because he advocated 
busing as a means of achieving desegregation. 

Second, as minorities have continued to migrate 
into urban centers and whites have continued to 
move into the outlying suburban areas, segregated 
residential patterns have resulted in increasingly 
segregated school systems. This increasing segrega- 
tion has been a major concern to the national of- 
fice of the NAACP whose staff has criticized the 
growing politicization' of the school systems and 
the limited effectiveness of the State board of re- 
gents. 

Bilingual education is becoming an increasingly 
important issue. In New York City, Hispanic stu- 
dents have become the second-largest and fastest 
growing minority student group and the city's 
bilingual-bicultural program has come under in- 
creasing scrutiny by community groups and the 
Federal Government. Funded with approximately 
$20,500,000 for the 1976-77 school year, the pro- 
gram offered bilingual-bicultural services to 70,000 
out of 300,000 Hispanic students. In addition, the 
program serves other linguistic-minority students 
who speak Italian, French Creole, Yiddish, Chin- 
ese, Greek, Hebrew, Russian, and Arabic. 

In public education there has been controversy 
over open admissions and free tuition in the City 
University of New York (CUNY) and over the 
issue of equality of employment opportunity in 
both the city and State systems. In 1976 CUNY, 
for the first time, charged tuition. There was a 
public outcry on the ground that these actions 
would have a disproportionate effect on minority 
students. Franklin Williams, chairperson of the 
New York Advisory Committee and then vice 
chairperson of the New York City Board of Higher 
Education, resigned from the city board in protest. 



Employment 

In the past 5 years, both public and private sec- 
tors have been severely affected by the economic 
recession. The focus in employment has shifted 
from the issue of affirmative action to the dispro- 
portionate impact of "last hired, first fired" poli- 
cies on minorities and women. 

The issue of layoffs emerged in New York City 
government when approximately 46,435 persons 
were laid off as a result of the city's financial dif- 
ficulties. In 1976, following a meeting between the 
New York State Advisory Committee and city offi- 
cials, the New York City Commission on Human 
Rights issued a report indicating that minorities 
and women lost the greatest percentage of the 
jobs. Blacks lost more than a third (35 percent) of 
their positions with black males losing 40 percent 
of their jobs. Hispanics suffered the greatest 
loss — 51.2 percent — and women lost 33 percent, in 
contrast to 25 percent of white males who lost 
their jobs. 

"Hometown plans," or locally negotiated agree- 
ments on affirmative action for construction jobs, 
have continued to come under criticism since the 
plans were first established in the early 1970s. The 
Advisory Committee reviewed seven such plans 
and looked at four in greater detail, those for New 
York City, Buffalo, Rochester, and Nassau-Suffolk 
counties (the Long Island Plan). In its report, 
Hometown Plans in the Construction Industry in 
New York State, issued in 1972, the Advisory 
Committee criticized the inadequacy of State and 
Federal enforcement and monitoring mechanisms 
for the plans, and specific components of many 
plans such as inadequate goals and insufficient 
training programs. 

The "hometown plan" approach has been 
soundly discredited as a means of producing equal 
opportunity in the construction industry. In its re- 
port, the Advisory Committee termed the ap- 
proach "an abnegation of Federal responsibility." 

Although New York City does not have a 
hometown plan, contractors are subject to Federal 
Part II Bid Conditions which establish acceptable 
ranges of minority utilization on construction pro- 
jects. These ranges expired in July 1, 1975. 
Proposed new and higher minority ranges were 
published in the Federal Register, but they were 
never put into effect. 



140 



Because of the failure of the Federal Govern- 
ment to develop a hometown plan. New York City 
established what was considered to be the most ef- 
fective municipal contract compliance program in 
the Nation. However, in Broderick v. Lindsay, the 
court held the city regulations invalid and said that 
the executive could not impose minority utilization 
ranges without legislative authorization. 

Employment practices of institutions of higher 
education have come under attack by minority and 
women's groups. In 1969, when the Advisory 
Committee began a review of the State University 
of New York (SUNY), the committee found that 
SUNY kept no employment statistics by racial and 
ethnic group or sex and had no equal employment 
opportunity policy. In the 8-year dialogue between 
SUNY and the Advisory Committee, some steps 
were taken including the collection of racial, 
ethnic, and gender data, the development of cam- 
pus plans, a systemwide affirmative action plan, 
and the appointment of affirmative action officers. 
However, between 1970 and 1975, in part because 
of reduced hiring, the SUNY system made very lit- 
tle progress in hiring and promoting minorities and 
women. Minority faculty increased by only 1 per- 
cent and female faculty by approximately 2.5 per- 
cent. Both groups remain concentrated in the 
lower salaried and nontenured positions. The Ad- 
visory Committee, which released its report. Equal 
Employment Opportunity in the State University of 
New York in 1976 is continuing to review EEO in 
the SUNY system. 

In recent years many cities, including New 
York, Buffalo, Rochester, and Syracuse, have is- 
sued affirmative action plans for city employment, 
and all counties of the State either have or are 
developing affirmative action plans. These plans 
vary in content and enforcement. 

The Advisory Committee's first effort to monitor 
public employment was in 1972 as part of the 
Commission's Puerto Rican Project. Its 1973 re- 
port. The Puerto Rican and Public Employment in 
New York State, summarized the barriers to 
Hispanics posed by State and local civil service 
regulations. 

In 1973 the Advisory Committee began monitor- 
ing selected county and municipal governments in 
conjunction with a statewide coalition set up to 
promote equal employment opportunity in local 
governments. In 1975 the Advisory Committee fol- 



lowed up its project with daylong interviews and 
recommendations to selected local governments. 
Steps taken as a result of these interviews include 
the establishment of affirmative action mechanisms 
by the city of Poughkeepsie, and the inclusion of 
sex discrimination in the jurisdiction of the Suffolk 
County Human Rights Commission. 

Women's Issues 

In 1972 New York State ratified the Federal 
Equal Rights Amendment but a State equal rights 
amendment was defeated at the polls in 1975 fol- 
lowing a vehement anti-ERA campaign. A drive to 
repeal the State's ratification of the Federal 
amendment was initiated the following legislative 
year but failed. 

In 1976, the New York State Court of Appeals 
upheld a decision by the State division of human 
rights and ruled in the Brooklyn Union Gas case 
that maternity disability must be treated as any 
temporary disability. The court held that a failure 
to grant temporary disability benefits to pregnant 
women constituted sex discrimination. The 1977 
State legislature enacted the same principle into 
law by deleting the pregnancy exclusion provision 
in the State workmen's compensation law and thus 
allowed pregnant women to claim benefits through 
the routine procedures of the worker's compensa- 
tion board. 

In a second decision in 1976, the court over- 
turned a State division of human rights ruling and 
found that a person, in this case a man, could be 
fired because of the length of his hair. 

A number of other pieces of legislation have 
been enacted in the past 5 years. These include 
the following: 

• A law prohibiting any person from being de- 
nied admission to a course of instruction in any 
public elementary or secondary school on ac- 
count of sex ( 1972); 

• The repeal of some "protective" labor laws 
which barred women's employment at certain 
hours in certain jobs ( 1973); 

• Laws repealing the requirement for cor- 
roboration of the victim's testimony in rape 
cases (1973) and limiting the introduction of 
evidence of the victim's prior sexual conduct 
(1974); 

• Repeal of the automatic exemption of women 
from jury service (1975); 



141 



• Elimination of improper sex distinctions in 
most New York State laws (1976); 

• A law establishing the right of collective bar- 
gaining for household workers hired through 
contract agencies ( 1976); 

• A requirement for all health insurance poli- 
cies to provide a minimum 4 days hospital 
coverage for maternity-related care ( 1976); 

• Laws for battered women giving criminal 
courts concurrent jurisdiction with the family 
court over family offenses and establishing shel- 
ters for abused women with children (1976); 
and 

• A budget appropriation of $100,000 for a 
pilot program for displaced homemakers ( 1976). 

Gay Rights 

An issue with strong support among many 
groups within the women's and civil rights move- 
ment is that of gay rights. However, legislative 
gains have been minimal. Discrimination on the 
basis of sexual preference in municipal employ- 
ment was prohibited by executive order in New 
York City in 1972 and by legislation in Ithaca in 
1974. A broad gay rights bill has been introduced 
in the past several years to the New York City 
Council, but has narrowly been defeated each 
year. 

Administration of Justice 

Ever since the outbreak of violence at Attica in 
September 1971, the New York State prison 
system has been a critical issue. No attempt will be 
made in this report to relate the full range of 
events following the uprising; however, evidence 
suggests that many of the initial 
problems — overcrowding, underrepresentation of 
minority staff, and inadequate facilities — still 
remain. 

The New York State Advisory Committee had 
just initiated a project reviewing the prison system 
at the time of the outbreak of violence. It inter- 
viewed prison officials, inmates, and other con- 
cerned persons and held an informal public meet- 
ing in November 1972. Some of its recommenda- 
tions, including several calling for major changes 
in the prison's medical program, were put into ef- 
fect at the time of the hearing and others issued 
in a 1974 report. Warehousing Human Beings were 
implemented in part. The Advisory Committee 



continues to receive allegations of inadequate pro- 
grams and procedures at the prisons. 

Asian Americans 

In the past 10 years, the Asian community in 
New York City has begun to emerge as an or- 
ganized political force. In 1974 Asian Americans 
took part in their first organized public action and 
demonstrated against the lack of Asian American 
employment at a publicly financed construction 
site known as Confucius Plaza. Staff of the U.S. 
Commission on Civil Rights' Northeastern Re- 
gional Office assisted in arranging negotiations 
which resulted in the first agreement to hire Asian 
Americans in the industry. 

American Indians 

American Indians are also a significant minority 
group that has become increasingly organized. In 
addition to Indians who live in urban areas 
throughout the State (especially in cities near 
reservations) there are eight Indian reservations: 
the Allegheny in Cattaraugus County, the Cat- 
taraugus in Erie County, the Tonawanda in 
Genesee County, the Tuscarora in Niagara Coun- 
ty, the Onondaga in Onondaga County, the St. 
Regis in Franklin County, and the Shinnecock and 
Poospatuck in Suffolk County. In recent years up- 
state tribes, members of the Iroquois Confederacy, 
have been involved in several land claims cases. 
The occupation of 6 1 2 acres of Adirondack Park 
State land by the Mohawk Indians was settled 
through negotiation. 

With few exceptions. New York State Indians do 
not receive Bureau of Indian Affairs assistance. 

Unfinished Business 

No attempt will be made to catalog all of the 
items of unfinished civil rights business in New 
York State. Rather, the Advisory Committee will 
limit itself largely to those areas where it has 
completed studies or received information in 
recent years. 

Employment 

New York City and other large cities of the 
State have been losing jobs to the suburbs and to 
other States. To some extent the white population 
has been able to follow these jobs to the suburbs, 
and consequently the inner city population has 



142 



become increasingly black and brown. At the same 
time, the recession of the mid-1970s further af- 
fected both public and private sectors of the 
economy and resulted in job freezes or layoffs in 
many organizations. The result for the urban poor 
is massive unemployment and economic depen- 
dency. These problems must be attacked on 
several fronts— incentives to keep jobs in the inner 
city, programs to open up suburban jobs and hous- 
ing, training programs to prepare inner-city re- 
sidents for existing jobs, transportation networks 
between the new jobs and minority residential 
neighborhoods, and, of course, vigorous enforce- 
ment of nondiscrimination and affirmative action 
requirements. All levels of government have im- 
portant roles to play, but New York looks to the 
Federal Government to play the major role. 

As the private employment market has shrunk, 
public employment has become more important to 
minority groups. Because of the economic difficul- 
ties of New York City and other cities in the State, 
minorities and women have suffered dispropor- 
tionately from the cutbacks in public employment. 
Executive orders, affirmative action plans, and 
years of hard work by equal employment opportu- 
nity officers have come to naught as cutbacks are 
made on the basis of "last hired, first fired." Pro- 
grams such as work-sharing to soften the impact 
on minorities and women in times of economic cri- 
sis are needed, and affirmative action plans must 
be revised to assure that all racial and ethnic 
groups and sexes share the losses equally. 

In New York State government, Governor 
Carey's executive order no. 40 provides a com- 
prehensive framework for an effective affirmative 
action program for State agencies. However, a 
lack of funds and staff makes it virtually impossi- 
ble for the State division of human rights to moni- 
tor effectively the more than 50 affirmative action 
plans of various State agencies. 

Federal, State, and some local governments have 
adopted policies designed to increase minority and 
female participation in companies with State or 
Federal contracts. However, all these programs 
have encountered serious obstacles in their imple- 
mentation. On the State level there are both en- 
couraging and discouraging signs. For several years 
the Advisory Committee criticized the previous 
State administration for an ineffective contract 
compliance program. Although executive order no. 



45 establishes the framework for affirmative action 
for contractors with State government, the Gover- 
nor has failed to fund and staff adequately the 
State office of contract compliance, which has not 
issued implementing regulations. 

On the municipal level, New York City's con- 
tract compliance program has been left in sham- 
bles by the State courts. 

Education 

Desegregation of the public schools has a long 
way to go in New York State. New York City has 
done virtually nothing, Buffalo has weathered the 
first steps of desegregation, and numerous other 
communities have made only token efforts. With 
the State seemingly in retreat on this issue and the 
Federal Government's policies uncertain, the fu- 
ture of school desegregation in New York State 
appears bleak. 

As the stalemate in the desegregation of schools 
continues, the need to upgrade inner-city schools 
becomes even more urgent. Remedial and other 
programs to counter the pervasive effects of the 
cycle of urban poverty need to be greatly ex- 
panded. Of particular interest to the Advisory 
Committee is the maintenance of good bilingual- 
bicultural programs for non-English-speaking stu- 
dents. 

The Hispanic community has criticized several 
aspects of New York City's bilingual education 
program. The first issue is the inadequate 
representation of Hispanics among the bilingual 
teachers. Of approximately 3,000 bilingual 
teachers in 1977, approximately 900 are Puerto 
Rican and 600 are other Hispanics. But more than 
85 percent of the students in the program are 
Hispanics. It is generally believed that the employ- 
ment examination (80 percent in English) is a bar- 
rier to Puerto Ricans who would be better 
qualified than other language groups because of 
their knowledge and understanding of the Puerto 
Rican culture. A second issue is an alleged un- 
dercount of Puerto Rican students in the school 
system, many of whom need special education. A 
third issue is the slowness with which the board of 
education has implemented the bilingual program. 
Many Puerto Rican groups interpret the board's 
inaction as a lack of commitment to the concept 
of bilingual education and to the Puerto Rican and 
Hispanic student body. Finally, according to many 



143 



community leaders, many teachers have low 
achievement expectations of Puerto Rican stu- 
dents. This problem requires better teacher train- 
ing and the hiring of more minority teachers to 
provide role models and to increase communica- 
tion between minority students and staff. 

In September 1976 the U.S. Department of 
Health, Education, and Welfare charged the New 
York City Board of Education with racial dis- 
crimination, in its employment practices and staff 
assignment patterns and with sex discrimination in 
its promotion policies and certain aspects of its 
athletic program. The Advisory Committee is seri- 
ously concerned about the underrepresentation of 
minority teachers and female administrators in the 
New York City school system. 

Women's Issues 

Women's groups have become increasingly or- 
ganized in the past 10 years. Membership has 
grown in many groups and the focus of groups 
such as the Women's Lobby, a coalition of state- 
wide women's organizations, has shifted to legisla- 
tive action to achieve legal, social, economic, and 
political equality. More than 9,000 women, more 
than three times the number expected, attended 
the State's International Women's Year conference 
in Albany. 

Nonetheless, despite the increasing number of 
laws on the books and growing support for the 
women's movement, there have been significant 
setbacks in recent years. The State ERA was de- 
feated and each year much so-called women's 
legislation is either tabled or defeated. Women still 
are excluded from major policymaking and higher 
salary level positions, and support services such as 
child care centers are not always available. 

The New York State IWY platform includes 
resolutions in support of the Equal Rights Amend- 
ment, a woman's right to elective abortion, and 
gay rights. These remain priority items for many 
women's groups in the State. 

Governor Hugh Carey, who vetoed a bill to 
prevent women under 18 from getting abortions 
without parental consent, has taken a strong stand 
in favor of a woman's right to elective abortion. 
However, with issues such as the use of medicaid 
funds left to the States, strong opposition to 
Federal and State financing of abortion is expected 
at the State level. 



Other Developments 

Because of the depressed state of the economy, 
the growing number of Hispanic and Asian aliens 
in the New York City area are receiving increasing 
attention. A significant number of Hispanic aliens 
from the Caribbean and Central and South Amer- 
ica have entered legally. In addition, the U.S. Im- 
migration and Naturalization Service (INS) esti- 
mates that as many as 750,000 aliens are living in 
the metropolitan New York area without legal 
status. Although exact statistics are not available, 
INS estimates that the large majority are from the 
Spanish- and French-speaking Western Hemi- 
sphere countries. Data on undocumented aliens 
apprehended by the INS indicate that, although 
most of the persons here illegally have overstayed 
their visas, an increasing number of Mexicans, 
Colombians, and Ecuadoreans who were smuggled 
across the border have entered the metropolitan 
New York area. The New York State Advisory 
Committee is currently studying this subject and 
will hold informal hearings in the fall of 1977. 

The New York State Advisory Committee con- 
tinued its interest in the Asian American commu- 
nity and held an informal hearing on the employ- 
ment, immigration, and media image problems of 
Asian Americans. Its report. The Forgotten Minori- 
ty: Asian Americans in New York City, which will 
be released in fall 1977, documents the extensive 
needs of the Asian community. Asian groups have 
reported severe problems facing the elderly and 
the youth and charge that various social services 
are inadequate. 

Land claims by New York's American Indians 
are being settled by the courts. However, the ten- 
sions which have developed over Indian land 
claims concern the Advisory Committee. Programs 
should be initiated to increase understanding of 
the Indian perspective on these issues. 

Continued efforts must be made by the Advisory 
Committee and others to improve data collection 
on Hispanics in this State. The inclusion of ap- 
propriate Hispanic identifiers in birth and death 
records of both the State and New York City are 
an important step in this direction. Also, 
procedures being developed by the U.S. Bureau of 
the Census for use in the 1980 census should be 
carefully monitored to ensure an accurate count of 
blacks, Hispanics, Asians, and other minority 
groups in New York State. 



144 



Summary 

In spite of the many gains made in recent years 
such as new laws, executive orders, and agencies, 
with the exception of token advancements for a 
few, minorities and women remain deprived and 
discriminated against. 

Jobs are the key, yet unemployment for minori- 
ties in the inner city is at near catastrophic rates. 
Many youths face a future without hope. The edu- 
cational system, the traditional vehicle for upward 
mobility, has failed them and even recent gradu- 
ates find that they are ill-prepared for the few jobs 
that exist. 

In the face of these conditions, the mounting at- 
tacks on affirmative action and the increasing 
charges of "reverse discrimination" threaten to 
destroy the already ineffective mechanisms for 
redressing present and past grievances. 

For a while it appeared that women were on the 
threshold of making a real breakthrough on the 
problems of sexism in our society. It is now clear 
that most of the early gains were largely cosmetic 
and that there are now strong forces intent on 
turning back the clock. The State ERA failed and 
each year there is an attempt in the legislature to 
repeal the ratification of the Federal ERA. There 
is the continuing danger that minorities and 
women will fight with each other, rather than unite 
in a fight against systematic discrimination. 

No mention is made of the massive housing 
problems confronting the city and State because 
the Advisory Committee has not studied this area 
in recent years. The Advisory Committee is, how- 
ever, acutely aware of the critical nature of the 
subject. The vast areas of burned out and aban- 
doned buildings in the South Bronx and Brooklyn 
and the deteriorated and overcrowded minority 
neighborhoods in Manhattan and Queens, as well 
as in most urban areas throughout the State, are 
testimony to the enormity of the problem. Recent 
surveys reveal that discrimination in housing 
remains a serious problem in New York. Not only 
has violence occurred in Queens and Staten Island 
as minorities attempted to move into white 
neighborhoods, but there is also evidence that real 
estate agents in Manhattan attempt to steer 
minorities away from better buildings and better 
blocks in mixed neighborhoods. Disinvestment by 
banks and the redlining of vast areas of the city 
(and sometimes the entire city) has been revealed 



as a major factor in the decline of inner-city 
neighborhoods. 

As jobs and whites flee the city for the suburbs, 
the minorities who remain are faced with increas- 
ing unemployment, deteriorating neighborhoods, a 
bankrupt educational system, and declining social 
services. 

New York State Advisory 
Committee Members 

Franklin H. Williams, Chairperson 

Samuel F. Abernethy 

R. Val Archer 

Arnold T. Anderson 

Samuel P. Babbitt 

John J. Beatty 

Algernon D. Black 

Sherman L. Brown 

Walter Cooper 

Matilde P. DeSilva 

Kathleen M. DiFiore 

Rita DiMartino 

Douglas Fields 

Hilda E. Ford 

Domingo A. Garcia 

Sande R. Jones 

Loida N. Lewis 

Benjamin McLauren 

Francisco Lugovina 

Mary Jane Moore 

Tanya Melich 

Setsuko Matsunaga Nishi 

Betty Powell 

Calvin O. Pressley 

Rarihokwats 

Samuel Rabinove 

Gladys E. Rivera 

Lillian Roberts 

Nancy O. Sachtjen 

OUie V. Scott 

Ronni B. Smith 

Antonio M. Stevens- Arroyo 

Lita Taracido 

Betty Tichenor 

Charles P. Wang 



North Carolina 



145 



In February 1960 a freshman at North Carolina 
Agricultural and Technical College, a black col- 
lege, sat at the lunch counter in a Woolworth store 
in Greensboro. He was soon told that Negroes 
were not served there. The next day he came back 
with three friends and waited all day to be served. 
Within 2 weeks "sit-ins" were underway in nu- 
merous North Carolina towns. It took 6 months 
for Woolworth's to serve coffee to blacks in 
Greensboro but the confrontation there was dra- 
matic. The North Carolina sit-ins provided the mo- 
mentum for sit-ins throughout the Nation which 
brought about the desegregation of theaters, libra- 
ries, parks, pools, and other public places where 
blacks had been relegated to back rooms or balco- 
nies, if admitted at all. 

Blacks and other minorities are admitted to 
public places in North Carolina in 1977, but, as 
the 1970 census clearly shows, they still live as 
second-class citizens. All primary measurements of 
quality of life — income, education, employment, 
housing— show that the lives of blacks in North 
Carolina are heavily burdened with poverty and 
unemployment. Women of all races are even more 
disadvantaged. Although the motto on North 
Carolina's automobile tags reads "First in 
Freedom," civil rights advocates question this 
claim to preeminence as applied to the State's 
minorities and women. 

North Carolina's population of 5,082,059 is ap- 
proximately 22 percent black and less than 1 per- 
cent American Indian. The annual median income 
of whites (age 14 and over) is almost double that 
of blacks— $3,847 versus $2,059. Income for other 
than black minorities in the State was reported as 
$3,402 in the 1970 census, but that figure is 
misleading if used to evaluate the economic status 
of American Indians. Of the State's 44,406 Indi- 
ans, 60 percent live in Robeson County in the 
eastern flatlands. A private industry survey 
published in 1969 showed that the per capita in- 
come of Robeson County residents was $1,302. 
Robeson's 26,600 American Indians make up 31 



percent of the county's population. Women who 
headed households in North Carolina in 1970 had 
an average yearly income of $3,041; men averaged 
$8,060 per year. 

Educationally, black men fall at the bottom of 
the scale in years of schooling completed. The 
average for black men age 25 and over is 7.9 
years, and for black women, 9.0 years. White 
women complete a median of 1 1.2 years of school- 
ing compared to 10.8 for white men. No statistics 
are available on the schooling of American Indi- 
ans. 

Despite the fact that both black and white 
women are better educated than their male coun- 
terparts, their unemployment rate is twice that of 
men — 4.9 percent contrasted to 2.4 percent for 
men. Among black women the unemployment rate 
is 8.9 percent compared to 4.3 for black men. 

Blacks are the victims of racial discrimination 
which keeps them from becoming economically 
secure enough to afford decent housing. Of all 
black-occupied housing units in the State, 38 per- 
cent lacked some or all plumbing in 1970; only 4 
percent of the white-occupied housing units lacked 
plumbing. The median value of all homes in North 
Carolina was $13,900. Black homes were valued at 
$8,300. 

Of all white families in the State, 1 1 percent 
were living below the poverty level when the cen- 
sus was last taken. Among black families, 46 per- 
cent were below poverty level, as were 13 percent 
of all other minorities. Of the 414,000 citizens 
over 65 in the State, 39 percent lived below the 
poverty level. 

Civil Rights Developments 
Education 

At the time of the 1954 Supreme Court deci- 
sion. Brown v. Board of Education, which declared 
separate public school facilities inherently unequal, 
North Carolina law dictated almost total educa- 
tional segregation. Despite a suit that was brought 
against the Durham Board of Education in 1951 in 



146 



which Judge Johnson J. Hayes ruled that black 
students were entitled to injunctive relief because 
of past discrimination in public facilities, 
desegregation to any significant extent did not take 
place until years later. 

Token desegregation took place in 1957, when 
a total of six black students were admitted to 
white schools in Greensboro, Charlotte, and Win- 
ston-Salem. As late as 1962 only 7 of the State's 
172 public school districts had begun to 
desegregate. 

Charlotte, the State's largest city, was the focus 
of national attention in 1971 when the Supreme 
Court upheld a lower court ruling in Swann v. 
School Board of Charlotte-Mecklenburg which 
called for transporting students away from their 
traditional, segregated neighborhood schools so 
that the student population would be mixed ac- 
cording to the school system's racial composi- 
tion— 70 percent white and 30 percent black. This 
landmark decision set the precedent for courts 
throughout the country to require "busing" as a 
tool for school desegregation. Although some 
Charlotte whites boycotted the schools for several 
weeks and some disruptions did occur in the 
schools, the process of desegregation had begun. 

In the eastern part of the State and also in the 
far west, American Indians, as well as blacks, had 
been relegated to inadequate schools. Through the 
1960s, the State continued to support separate 
school systems for American Indians even though 
that policy was far from cost effective. In Robeson 
County, where 26,600 of the State's 44,406 Amer- 
ican Indians lived, the State was paying $80,000 to 
operate a school system for Indian children. In 
Charlotte-Mecklenburg the State paid $40,000 for 
public schools. 

The racial composition of Robeson County's 
public school system is now mixed: 60 percent 
American Indian, 20 percent black, and 20 per- 
cent white. In 1977 the county board of education 
selected its first American Indian school superin- 
tendent. A black male serves as assistant superin- 
tendent. 

The desegregation of colleges and universities in 
North Carolina began in 1951 when, as a result of 
litigation, the University of North Carolina ad- 
mitted blacks to its graduate programs. In 1955 
blacks were admitted to the undergraduate schools 
of the university system. Several private schools 



admitted blacks in 1961, including Duke, Mars 
Hill, and Davidson. 

Administration of Justice 

In the late 1960s and the 1970s, three well- 
publicized cases involving blacks were cited by 
civil rights leaders as examples of North Carolina's 
lack of justice for its black citizens. Black leaders 
contend that JoAnn Little, the "Wilmington Ten," 
and the "Charlotte Three" are examples of black 
citizens whose freedom has been oppressed rather 
than protected by North Carolina's judicial system. 

JoAnn Little, a black woman, was convicted on 
a charge of breaking and entering and was con- 
fined in the Beaufort County jail on June 6, 1974. 
On August 6 the jailer was found dead in Ms. Lit- 
tle's cell, stabbed with an ice pick. Ms. Little was 
missing. She later surrendered and was indicted by 
a grand jury for first-degree murder. Ms. Little 
contended that she killed the jailer in self-defense 
when he had made sexual advances toward her. 

The Little trial ended with an acquittal on Au- 
gust 18, 1975, after having sparked the concern of 
many individuals and organizations. It also served 
to encourage women incarcerated in the State 
women's prison to voice their criticism openly 
about disparity in treatment accorded female and 
male prisoners. This led to negotiations between 
women inmates and State prison officials to im- 
prove prison conditions for women and also to 
establish a formal grievance procedure for all in- 
mates. 

Nine young black men and one white woman, 
known as the "Wilmington Ten," were convicted 
on charges of arson and conspiracy following a tu- 
multuous week of racial violence in Wilmington, 
North Carolina, in 1971. The 10 defendants were 
sentenced to a total of 282 years. In March 1977 
the case was reopened with a Federal grand jury 
investigation. Two key prosecution witnesses re- 
canted their 1972 testimony. One witness said his 
testimony was induced by threats and promises; 
another (age 13 at the time of the original trial) 
claims he was bribed with a mini-bike. One witness 
subsequently recanted his recantation. The credi- 
bility of the original prosecution witnesses has 
been by turns called into question by both sides in 
the case. As of July 1977 nine of the Wilmington 
Ten were still in prison. A motion for a new trial 
has been denied but is being appealed. Civil rights 



147 



activists in the State and the Nation continue to 
call for justice, and Attorney General Griffin Bell 
has promised a full Federal review of the case. 
Governor James Hunt receives summaries on 
developments in the case regularly. 

In 1968 three black men were arrested in Char- 
lotte for allegedly setting fire to a riding stable 
where they were refused riding privileges. All were 
convicted, one being sentenced to 25 years and 
the other two receiving a total of 30 years in the 
1972 trial. Known as the "Charlotte Three," this 
case has not received as much national attention 
as the cases of JoAnn Little and the Wilmington 
Ten, but it has generated allegations of unequal 
administration of justice. 

State Prison System 

Among civil rights problems in North Carolina, 
the conditions in prisons and the treatment given 
prisoners may well be the most difficult to correct. 
In 1973 the Advisory Committee conducted a 
study of the State's huge prison system. Poor living 
conditions and discrimination in the employment 
of prison personnel were found. 

North Carolina houses thousands of its prison 
population in crowded, often dangerous facilities, 
complete with leaking and condemned dormito- 
ries, roach-infested toilets, and mind-numbing 
boredom. The system confines well over 13,000 
inmates in facilities barely adequate to house 
10,000. Superior Court Judge James H. Pou Bailey 
said: "I've about gone out of the business of send- 
ing any young folks to prison if I can possibly 
avoid it, and it's because of the conditions in 
there." 

The growth of the prison population is relent- 
less. More than 3,000 additional persons have 
been incarcerated in the past 4 years, leaving 
North Carolina with what prison officials believe 
to be the highest per capita prison population in 
the Nation. No solution is seen in the near future 
because prisoners are now receiving longer sen- 
tences. 

During the same 4-year period, the prison staff 
did not expand. While $20 million was ap- 
propriated, bureaucratic delays have prevented 
construction of any new facilities. The Governor's 
budget proposal for the next 2 years includes ap- 
propriations of more than $30 million for improve- 
ments in the system. However, considering the 



lack of action in the past 4 years, million-dollar 
proposals do not ensure immediate relief. 

The comment of a State health official best 
sums up the unsanitary conditions which typify 
North Carolina prisons. According to a sanitarian, 
Craggy Prison near Asheville has not been in- 
spected since 1973 because "We just felt we were 
wasting our time going in there. It [Craggy] would 
have to be replaced." The division of health ser- 
vices of the North Carolina Department of Human 
Resources is supposed to inspect each facility an- 
nually as part of its statutory obligation to advise 
prison officials. However, some facilities are not 
inspected by the division. According to a depart- 
ment of corrections official, "There is really not 
any purpose in condemning Craggy. A lot of our 
prisons are in bad shape." 

Violence within the prisons is not uncommon. In 
June 1977 prison officials launched an investiga- 
tion to determine how inmates got knives that 
were used in a fight which left six inmates and a 
guard hospitalized. This outbreak is typical in an 
overcrowded prison facility. The State cannot even 
protect the inmates, much less rehabilitate them, 
until prison conditions are vastly improved. 

The North Carolina Department of Corrections 
is a major employer in many of the isolated areas 
where the prisons are located. In 1975 it employed 
over 5,000 persons — 21 percent were minorities, 
20 percent were female, 79 percent were white. In 
1976 among professional employees who worked 
directly with prison inmates, there were no women 
or American Indians and only two blacks (one 
full-time medical doctor and a part-time dentist). 
There were no black or women wardens or su- 
perintendents. There was one American Indian su- 
perintendent. 

Voting and Political Participation 

Despite the fact that 240 blacks have been 
elected to public office in North Carolina, there 
are still significant barriers to certain local offices. 
In countywide elections the black vote is diluted 
so that blacks are unsuccessful. There are few 
black county election commissioners, school su- 
perintendents, school board members, and law en- 
forcement officials. 

In Robeson County minorities have achieved 
one significant reform which has resulted in better 
representation on the local school board. Until 



148 



1975 city dwellers — the majority are white — could 
vote for school board members for both city and 
county boards. County dwellers — the majority 
black and American Indians could vote only for 
members of the county school board. The double 
vote had the effect of discriminating aginst minori- 
ties. In its 1974 report Economic and Political 
Problems of Indians in Robeson County, the Ad- 
visory Committee recommended merging the city 
and county schools in order to eliminate the 
"double vote." 

Political participation for both blacks and Amer- 
icans Indians has improved in other areas in 
Robeson County. Currently, three of the seven 
county commissioners are American Indians, a 
black chairs the county Democratic Party, and 
another black chairs the county board of elections. 
Many blacks and American Indians serve on 
school boards and city councils throughout the 
county. Voter registration campaigns, which have 
added 13,000 blacks and American Indians to the 
voter rolls since 1971, have been very successful. 

Despite the fact that statewide polls show that 
the majority of North Carolina citizens favor ratifi- 
cation of the Equal Rights Amendment, the male- 
dominated legislature defeated it in 1977 for the 
third time. 

Public Employment 

Several city and county governments have been 
investigated by Federal enforcement agencies 
because of complaints of employment discrimina- 
tion. A high official of the U.S. Department of 
Justice described Winston-Salem's employment 
record as one of the worst in the country. 

The North Carolina General Assembly passed an 
Equal Employment Practices Act in June 1977 
which includes a statement that State agencies 
shall not discriminate on the basis of race, color, 
sex, religion, national origin, age, or handicap. The 
act also provides that the North Carolina Human 
Relations Commission may contract with the U.S. 
Equal Employment Opportunity Commission 
(EEOC) to conciliate charges of discrimination. 
However, the State commission does not have any 
enforcement power. 

Migrants 

Migrant farmworkers in North Carolina still live 
and work in deplorable conditions. They are poor, 



often unhealthy and undernourished, and they 
have little access to amenities and services most 
Americans take for granted. Rarely are they able 
to exercise the most basic rights of citizens. Their 
wages are low, their working conditions harsh, 
their employers and crew leaders exploitative. 
Despite recent laws enacted to improve migrants' 
lives, most still live in wretched housing and find 
health care unavailable. Politically weak, without 
organization or power, migrants can do little to 
solve their own problems. These conditions have 
long been evident and have been substantiated 
time and time again. 

The North Carolina Advisory Committee is cur- 
rently conducting a migrant study which will ex- 
amine the extent to which migrants have been de- 
nied rights accorded other citizens in the State. 
The study will review the extent to which Federal 
and State laws guarantee migrants' rights and com- 
ment on the adequacy of existing laws. 

Migrants work in almost 35 counties, mostly in 
the eastern part of the State. The typical migrant 
farmworker is a black male with a fifth-grade edu- 
cation. Seventy to 80 percent of the migrants are 
black; the remainder are Mexican Americans. 

Unfinished Business 

Clearly the status of minorities and women in 
North Carolina is inferior to that of the majority. 
Equal rights for women, equal justice under the 
law, and equal opportunity in education and em- 
ployment are not found in the "first in freedom" 
State. With the advent of public school desegrega- 
tion, minorities have begun to have the opportuni- 
ty to attain a quality education. In time that edu- 
cation should mean better paying jobs and the 
ability to afford decent housing and health care. 
Equal opportunity laws, however, do not im- 
mediately transfer into equal opportunity. The 
continued active involvement — including studies 
such as those conducted by the North Carolina 
Advisory Committee — of the Federal Government, 
and civil rights organizations is needed in North 
Carolina. 



149 



North Carolina Advisory 
Committee Members 

W.W. Finlator, Chairperson 

Clayton Stalnaker 

Margeret Keesee 

Brenda Brooks 

George McLeod Bryan 

LeMarquis DeJarmon 

Christine Denson 

Archie Hargraves 

Wilbur Hobby 

Sally Jobsis 

Ruth Bettis Locklear 

Robert Mangum 

Floyd McKissick 

Jane Patterson 

Bruce Payne 

Donald DeOtte Pollock 

Andrew J. Turner 

Tommie Young 



150 



North Dakota 



North Dakota's population numbers 617,716; 
2.3 percent (14,369) are American Indians. There 
are 2,494 blacks and 2,007 Hispanics, accounting 
for 0.4 and 0.3 percent of the total population, 
respectively. There are 608 Asian Americans in 
the State. 

Civil Rights Developments 

Civil rights issues in the State have focused on 
American Indians. Concern for the quality of edu- 
cation and educational opportunities received by 
Indian children prompted the State in 1975 to 
establish a State office of equal education opportu- 
nity with a full-time director to handle Indian com- 
plaints in the school system. 

In 1975 the North Dakota Criminal Justice 
Commission conducted an extensive study 
throughout the State to recommend goals and 
standards for the State's criminal justice system. 
The North Dakota Crime Reparations Act, which 
provides State aid to victims of violent crimes, is 
one result of the commission's proposals. 

Partially as a result of findings from the criminal 
justice commission's study, the North Dakota Ad- 
visory Committee began an investigation of 
criminal justice for American Indians in the State. 
The project, completed in 1977, included an in- 
vestigation of the relationship of Indians and the 
law enforcement and judicial systems in two coun- 
ties. 

Of increasing concern to civil rights advocates 
has been the establishment of a branch of the In- 
terstate Congress on Equal Rights and Responsi- 
bilities. The organization aims to extend State ju- 
risdiction over lands now controlled by American 
Indian tribes and works for the ultimate dissolution 
of all reservations. The group is well organized and 
growing. 

There have been several prominent develop- 
ments regarding issues which involve women. In 
1975 several North Dakota women's groups suc- 
cessfully united to promote ratification of the 
Equal Rights Amendment by the North Dakota 



Legislature. A State Commission on the Status of 
Women was established and, with its help, a 
booklet outlining the legal rights of North Dakota 
women working outside the home was developed 
by the Missouri Valley chapter of the National Or- 
ganization for Women. 

In June 1977 hundreds of women from 
throughout the State participated in the North 
Dakota International Women's Year meeting in 
Bismarck. Strategies were planned for the im- 
provement of women's roles through legal and so- 
cial means, such as the decision of the North 
Dakota Supreme Court which ruled that it was un- 
constitutional for the school board in Underwood 
to force one of its teachers to quit her teaching 
job during the seventh month of pregnancy. 

Unfinished Business 

North Dakota is one of the few States which has 
neither a civil rights statute nor a human rights 
agency. One result is that discrimination on the 
basis of sex and ethnic origin is blatant. Specific is- 
sues requiring attention include discrimination 
against American Indians and women in State and 
local governmental agencies, housing for Indians 
on and off the reservations, negative portrayals of 
minorities and women in the media, special educa- 
tion for Indian children with proper use of educa- 
tion funds, and the funding of small businesses for 
Indian people. 

The education of Indian children involves com- 
plex civil rights issues, including alleged dis- 
crimination against Indian people applying for 
teaching and administrative positions and the lack 
of Indian participation in school policy and cur- 
riculum development. 

Employment of American Indians is another 
crucial issue. Excluding Federal agencies, less than 
I percent of those employed are Indians. In both 
the public and private sectors, American Indians 
have not been able to obtain entry jobs or to move 
upward on equal terms with white employees. 



151 



Health care for Indians is a problem. Because of 
complex jurisdictional problems, they are not pro- 
vided with the kind of quality health care available 
to non-Indians. 

In the administration of justice, it often appears 
that two standards are applied — one for Indians 
ana one for non-Indians. As a result, there is deep 
distrust between the Indian community and law 
enforcement officials. 

A study by a legislative committee presented 
evidence which indicates many Indian children are 
being forcibly taken from their parents. Evidence 
shows that public and private welfare agencies 
operate as of the children would benefit from 
being reared by non-Indian parents. 

North Dakota Advisory 
Committee IVIembers 

Harriett Skye, Chairperson 

Robert Feder 

Ben Garcia 

Ellie Kilander 

Paul Pitts 

Art Raymond 

Jane Summers 



152 



Ohio 



It has been said that Ohio epitomizes the 20th 
century American midwest of well-tended farms, 
God-fearing small towns, and sprawling industrial 
cities. 

The first State carved out of the Northwest Ter- 
ritory, Ohio was the 17th State, admitted to the 
Union in 1830. Covering an area of 41,222 square 
miles, Ohio is bounded by Lake Erie to the north, 
Indiana to the west, and the Ohio River to the east 
and south. 

The population of the State increased from 
9,706,397 to 10,652,017 between 1960 and 1970. 
The nonwhite population increased from 8 percent 
to 9 percent. The Cleveland metropolitan area ac- 
counted for 19 percent of the total population dur- 
ing the 1960s. The nonwhite portion of the Cleve- 
land area population increased from 15 percent to 
17 percent. The median income for nonwhite 
families increased from 70 percent to 74 percent 
of the median for white families. 

Civil Riglits Developments 
Cleveland Project 1966 

The Ohio Advisory Committee in 1966 released 
a comprehensive report titled Cleveland's Un- 
finished Business in Its Inner City at a public meet- 
ing attended by nearly 1,000 people. Subsequently, 
subcommittee members met with government offi- 
cials and community leaders to focus their atten- 
tion on the recommendations. Some of those con- 
tacts produced significant results. For example: 

• Meetings with Cleveland Housing Authority 
officials resulted in a change of previously dis- 
criminatory practices; 

• Contacts with the mayor and police chief led 
to the appointment of a black officer as an 
assistant to the safety director responsible for in- 
service training for community relations; 

• Meetings with business and welfare leaders 
led Cleveland banks to agree to cash the checks 
of welfare recipients; and 

• Contacts with health department officials 
resulted in the establishment of two neighbor- 



hood health centers as well as increased refuse 

collection in inner-city areas. 

The Cleveland subcommittee of the Ohio Ad- 
visory Committee provided that city's first meeting 
ground for a genuinely diverse group to discuss the 
problems of Cleveland's ghetto residents. Civil 
rights leaders, industrial leaders, clergy, social wor- 
kers, trade unionists, and welfare recipients 
worked together to understand each other and 
their city's problems. Rarely had such a broad 
coalition been able to agree on so many goals and 
programs to remedy the urban racial crisis. 

Dayton Civil Rights Committee 

A committee of black citizens in Dayton has 
completed an unusually effective survey of the 
needs of ghetto residents. A diverse group of 
Dayton leaders was convened by the Ohio Adviso- 
ry Committee and a proposal made that the group, 
in its own name, review the ghetto survey, assem- 
ble recommendations, and attempt to secure ac- 
tion from responsible organizations. An effective 
committee has been formed, with the mayor as 
honorary chair. A report of the findings and 
recommendations has been released by the Ad- 
visory Committee. 

Prison Project 

In 1973 the Ohio Advisory Committee began a 
study of the Ohio penal system in response to 
many complaints received from inmates, families 
of inmates, and community groups. In February 
1976 the Advisory Committee released its report. 
Protecting Inmate Rights: Prison Reform or Prison 
Replacement. The report was endorsed by the Ohio 
Council of Churches, which, in a statewide press 
release, pledged support for the report's findings 
and recommendations. 

The Advisory Committee began followup activi- 
ties to the prison study by holding three mini-con- 
ferences to distribute and discuss the report. The 
goal was to motivate citizens to form a statewide 
coalition to become agents of change in the penal 
system and to monitor those changes. The mini- 



153 



conferences were held in Cleveland, Toledo, and 
Cincinnati. As a result of these activities, the 
criminal justice commission, working with the 
Ohio Advisory Committee and other groups, spon- 
sored a 3-day, statewide conference on prison 
reform. A network was formed to implement and 
monitor the report's recommendations. 

Employment 

The mayor of Cleveland on May 14, 1977, 
released a city affirmative action plan. The 734- 
page, 2-volume plan, which took 15 months to 
prepare, calls for creating 10 programs and setting 
hiring goals for each city division by job descrip- 
tion and pay brackets. This plan is to be moni- 
tored quarterly and revised yearly by the depart- 
ment of personnel. 

Equal employment opportunity on State and 
State-assisted construction contracts was 
established by an executive order of January 1972. 

In releasing its 1975 evaluation of the city's af- 
firmative action program, the Cincinnati Human 
Relations Commission found that minority males 
are underrepresented in the upper echelons of city 
government and overrepresented in service main- 
tenance employment. The evaluation reveals that 
women are significantly underrepresented in city 
government. 

The commission's data show that progress was 
made in 1975 to bring minorities into city govern- 
ment. However, the statistics indicated that 
minority males are overrepresented in the service 
maintenance category by 382 percent. Progress 
was made in hiring in the protective service 
category where minority males were over- 
represented by 122 percent. 

The study reveals that the employment situation 
for women is generally one of underrepresentation. 
White women made progress in the areas of 
professional and paraprofessional employment. 
There was significant progress in hiring minority 
females, although they remained 7 percent under- 
represented in 1975. The most notable change was 
in the area of paraprofessional employees. The 
major source of employment for women continues 
to be clerical and other office work. 

Education 

The Dayton School Board in Brinkman v. Gil- 
lif^an was found guilty of segregating the schools 



by creating optional attendance zones and rescind- 
ing actions of an earlier board that would have 
desegregated schools. The case is now at remedy 
stage with the second plan of the school board 
having been rejected by the Circuit Court of Ap- 
peals for the Sixth Circuit. The U.S. Supreme 
Court refused the appeal of the school board. 

The Court ruled unanimously that the Federal 
judge in Dayton had overstepped his bounds in or- 
dering a systemwide desegregation plan that in 
general matches the student racial mix in the city, 
with a leeway of 15 percent. Calling the remedy 
too sweeping in view of the record in the case, the 
Supreme Court sent the 5-year-old dispute back to 
the lower court for further consideration and more 
testimony if necessary. 

Meanwhile, the new plan put forth at the start 
of the current school year will remain in effect. At 
the start of the third go-around in the lower court, 
it was estimated that about 15,000 students would 
have to be bused. The system is now about 48 per- 
cent black and 52 percent white. 

Federal Judge Frank J. Battisti found the Cleve- 
land Board of Education guilty of racial dis- 
crimination in Reed v. Gilligan. Judge Battisti said 
that many of the board's actions "cannot be ex- 
plained except by ascribing to them a deliberate, 
conscious intent on the part of the board to 
segregate public school pupils on the basis of 
race." The State board of education was also 
found guilty because its inaction allowed the situa- 
tion to exist. The defendants were given 90 days 
to submit a desegregation plan for the city. 

The first plan submitted by the city was rejected 
and Judge Battisti ordered that another plan be 
submitted by February 25. Gordon Foster, a 
school desegregation expert from Miami, Florida, 
was named as the person who would evaluate the 
plan. The NAACP welcomed this action, but the 
school board was not particularly pleased. 
Hearings were held in June 1977 on plans to be 
implemented in September. 

In Penick v. Columbus Board of Education, the 
district court found Columbus guilty of illegal 
school segregation and ordered a plan to be imple- 
mented by September 1977. 

A suit against the Youngstown Board of Educa- 
tion has been filed in the Federal district court in 
Akron and assigned to Judge Leroy J. Conti, Jr. 
No date has been set for trial. 



154 



The Sixth Circuit Court of Appeals reached a 
decision on a procedural matter in Branson v. Cin- 
cinnati Board of Education, which is the second 
suit brought in Cincinnati. The first case, Deal v. 
Cincinnati Board of Education, resulted in a court 
of appeals finding that racial imbalance in the Cin- 
cinnati schools was not the result of discrimination 
by the board. 

In Bronson, attorneys for the plaintiffs argued 
that alleged acts of discrimination from the first 
suit could be introduced in the second suit 
because the law under which the Deal evidence 
was heard had changed as a result of the Denver 
decision. The school board argued that the court 
had already decided those issues and that the law 
had not changed. The district court decided for 
the school board. 

The court of appeals approved the decision with 
modifications. The ruling is that the plaintiffs may 
present evidence on any acts of discrimination 
after 1966. They may present evidence from be- 
fore 1966 as background to show cumulative ef- 
fects, but the court cannot rescind the findings of 
Deal. 

In Cleveland Board of Education v. LaFleur, the 
U.S. Supreme Court voided Cleveland's policy of 
mandatory maternity leaves for pregnant teachers. 

The Jefferson Township Local School District is 
a suburban-rural area with an unusual racial mix- 
ture. Of its current student enrollment of 2,444. 
about 70 percent represent minority populations 
while 30 percent are of nonminority background. 

During the 1969-70 school year, newly ap- 
pointed Superintendent Herman Brown publicly 
proposed a school district desegregation-consolida- 
tion program designed to accomplish districtwide 
desegregation, improve pupil achievement, and 
utilize more effectively existing staff and facilities. 

As a result of the acceptance of this proposal, 
the school district was voluntarily desegregated 
without a court order and ultimately selected by 
the U.S. Civil Rights Commission as one of nine 
school systems from across the country to be 
recognized in its report The Diminishing Barrier 
(published December 1972). The selection was 
based upon the fact that the district had designed 
and implemented a voluntary plan for desegrega- 
tion for a racially mixed, suburban-rural school 
district. 



The Jefferson Township Local School District is 
1 of 1 7 public school districts in Montgomery 
County, Ohio. It is the only district in the county 
with student and staff desegregation. 

Ohio Civil Righits Commission 

Complaints of unlawful discrimination in em- 
ployment, housing, and public accommodations 
were brought to the State civil rights commission 
in record numbers during the 1972-73 year. There 
were 2,491 new charges filed for the 12-month 
period, compared to 1,658 the previous year, a 50 
percent increase. 

The overwhelming percentage of new cases re- 
lated to employment discrimination. Of the 2,491 
new charges, 89.3 percent were complaints of em- 
ployment discrimination. There were 173 charges 
of fair housing violations (7 percent of the 
caseload) and 85 charges of discrimination in 
public accommodations (3.4 percent). 

Cases of racial discrimination against black per- 
sons continued to account for more than 90 per- 
cent of the cases before the commission. Of the 
new cases filed, there were also 66 complaints of 
"reverse discrimination" by white persons, 94 
complaints of discrimination based on national 
origin or ancestry, and 54 cases of religious dis- 
crimination. 

Women 

In a 1976 report. Women in Office Work, Cleve- 
land Women Working, a private organization, 
found widespread discrimination against female 
clerical employees in the city of Cleveland. The 
report documented discrimination in pay, promo- 
tion, training, benefits, and in the general treat- 
ment of women in offices throughout the city. The 
study examined the position of women in the work 
force nationally and the situation faced by women 
office workers in Cleveland, with special emphasis 
on employment in Cleveland banks and the city 
government. 

Community Development in Cincinnati 

The Cincinnati Human Relations Commission 
received $90,000 in community development 
funds from the city of Cincinnati to conduct a fair 
housing program. Part of the grant will be subcon- 
tracted to Housing Opportunities Made Equal 
(HOME) and the Cincinnati NAACP for enforce- 



155 



ment and city housing monitoring efforts, respec- 
tively. The remainder will be used by the human 
relations commission to establish an affirmative 
marketing plan for Cincinnati. Affirmative market- 
ing involves a public commitment by members of 
the housing industry (realtors, lending institutions, 
etc.) to the concepts of fair housing. 

The enforcement section of the grant conducted 
by HOME is the city's assurance that fair housing 
laws will be supported in Cincinnati. HOME will 
provide services to clients, publicize people's rights 
and resources in fair housing, and document dis- 
crimination. 

The NAACP will use its portion of the grant to 
monitor the effect of city housing practices on fair 
housing. These include funding of new recreation 
facilities, relocation practices, zoning policies, and 
housing loan programs, which will be evaluated to 
ensure a reduction of racial segregation. 

Cleveland Housing Study 

Federal Housing Administration practices are 
contributing to and perpetuating racially 
segregated neighborhoods in Greater Cleveland, 
according to a study released by "The Housing 
, Advocates." Using 1975 HUD information, the 
study documents that FHA, part of the U.S. De- 
partment of Housing and Urban Development, has 
been responsible for racial impaction in direct 
violation of the Federal Fair Housing Act of 1968 
and the intent of the Housing and Community 
Development Act of 1974, and clearly at odds 
with school desegregation efforts in Cleveland. Ac- 
cording to the study, the effects of past and 
present practices of the Federal Housing Adminis- 
tration have assisted in establishing and maintain- 
ing racially segregated housing patterns in 
Cuyahoga County. 

Unfinished Business 

Segregated schools are still at the top of the list 
of unfinished business in Ohio. Litigation is cur- 
rently going on in several cities including Colum- 
bus, Cincinnati, Youngstown, and others. 

While school desegregation battles continue in 
Ohio, discrimination in employment and housing 
also remains widespread. Several public and 
private groups have been organized around these 
issues and there is reason to hope that such activi- 
ty will pay off in the near future. 



The Ohio Advisory Committee discovered, at a 
hearing held by Cleveland Women Working, that 
the city of Cleveland had not developed an affir- 
mative action plan for the hiring of women and 
minorities. The city is receiving more than $40 
million in Federal funds for various projects 
despite an alleged violation of Federal require- 
ments for receiving these funds. In January 1977 
the Advisory Committee voted to investigate, in 
view of the passage of time since the mayor's 
promise in February 1976 to develop such a plan. 
After the Advisory Committee began collecting 
the initial data, the city released its affirmative ac- 
tion plan. The Committee will analyze the plan, 
monitor its implementation, and publish a report 
of its findings and recommendations. 

Ohio Advisory Committee 
IVIembers 

Henrietta H. Looman, Chairperson 

Samuel T. Britton 

Linda C. Cloud 

Gwendolyn L. Hall 

Thelma Lawrence 

Lyman W. Liggins 

Peter O. Rodemeyer 

Eldridge T. Sharpp, Jr. 

Odella T. Williams 

William E. McGarry 

Georgia Allen 

Martin D. Cassidy 

Henry Guzman 

Larry K. Hardesty 

Joseph Lersky 

Marilyn Reid 

Narcisco Rodriguez 

Elizabeth Soudheimer 

William E. Wilson 

Alfredo B. Aguilar 



156 



Oklahoma 



Oklahoma's official population count of 
2,559,229 in 1970 ranked the State 27th in the 
Nation. More than 171,000 (approximately 7 per- 
cent) of the State's residents were black, and 
51,284 (about 2 percent) were counted as persons 
of Hispanic origin. There were also 98,468 Amer- 
ican Indians living in Oklahoma, making up nearly 
4 percent of the State's population. Asian Amer- 
icans, on the other hand, made up less than 1 per- 
cent of the State's population. Minorities con- 
stitute about 13 percent of the State's population. 

Civil Rights Developments 
Employment 

In 1963 the Oklahoma Legislature created a 
State human rights commission to "discourage dis- 
crimination and encourage fair treatment of all 
persons regardless of race, color, creed, national 
origin or ancestry." Among the objectives of the 
State commission was the elimination of any dis- 
criminatory hiring or employment practices in 
State agencies. 

State employment in Oklahoma is based on the 
merit system, which was created by an act of the 
State legislature in 1959. Significantly, the first 
goal prescribed by the act mandates equal employ- 
ment opportunity for all citizens of the State. 

In 1969 the State human rights commission con- 
ducted a survey of the racial and ethnic composi- 
tion of the classified or merit system work force. 
In a report released that year, the human rights 
commission found that despite the presence of the 
merit system and other safeguards designed to 
make the State "unconscious of race or ethnic 
backgrounds," blacks, American Indians, and 
Mexican Americans were not being hired or 
promoted as readily as whites. 

In a recent report prepared by the State's 
human rights commission and the Governor's Ad- 
visory Commission on the Status of Women, it was 
revealed that out of a total merit system work 
force of 23,201 employees in 1974, only 3,264 
(about 14 percent) were minorities: 1,937 (8 per- 



cent) were black and 1,057 (less than 5 percent) 
were American Indians. Mexican Americans and 
Asian Americans together constituted only about 1 
percent of the total work force. 

Another significant finding of this study was that 
all classes of female employees, regardless of their 
race or ethnicity, had lower median annual salaries 
than did the males in the same classes. Almost half 
of all females earned $6,000 or less per year com- 
pared to 26 percent of all males. Moreover, while 
over 22 percent of all male employees earned 
more than $10,000 annually, only about 8 percent 
of all females were in that salary category. The re- 
port further noted that more than three-fourths of 
all women workers were employed in three major 
functions — public welfare, hospitals, and 
health— and earned median salaries up to $2,600 
lower than their male counterparts. 

In February 1977 the Oklahoma Advisory Com- 
mittee to the U.S. Commission on Civil Rights 
conducted a 2-day hearing dealing with employ- 
ment opportunities for minorities and women in 
State government. Among the issues discussed 
were the operation of the State's merit system and 
the policies and practices of State government af- 
fecting minority and female employment. 

One of the major problems described at this 
hearing was that many barriers still exist that not 
only prevent minorities and women from entering 
State employment but also hinder upward mobili- 
ty 

In the private sector, barriers also exist. In 1969 
the Oklahoma Advisory Committee conducted a 
hearing in Enid, a small community located in 
north-central Oklahoma, to investigate the 
problem of employment discrimination. Statements 
made at that hearing expressed a profound sense 
of frustration and discouragement among minority 
employees. Black employees reported failures to 
receive promotions on the same basis as white em- 
ployees. There were reports of black workers em- 
ployed in construction jobs and performing skilled 
functions, but receiving unskilled laborer's pay. 



157 



Reports of racial jokes and derogatory remarks 
were frequent. 

American Indians in Oklahoma also face severe 
problems of employment discrimination. In 
hearings conducted by the Oklahoma Advisory 
Committee in Tulsa and Oklahoma City in January 
1972 on Indian civil rights problems, many wit- 
nesses felt that discrimination against Indians by 
private businesses and industries was widespread in 
the State. Several witnesses said that Indians ap- 
plying for employment are usually told "the job 
has been filled" when in fact it has not. The ex- 
cuse employers usually give for not hiring Indians, 
witnesses said, is that they are "social misfits," or 
"drink too much." 

In recent years a great deal of emphasis has 
been placed on the moral and legal obligations of 
private employers in Oklahoma to take affirmative 
action to eliminate both covert and overt dis- 
criminatory practices. In May 1968 the State 
legislature passed the Oklahoma Anti-Discrimina- 
tion Act, which made discrimination in employ- 
ment in both the public and private sectors unlaw- 
ful in Oklahoma. This act also provides for en- 
forcement of its provisions through civil, adminis- 
trative, and criminal proceedings. On March 24, 
1972, the U.S. Equal Employment Act of 1972 
was signed into law, culminating several years of 
efforts to strengthen Title VII of the Civil Rights 
Act of 1964. The 1972 act expanded the coverage 
of Title VII to include employees of State and 
local governments. 

Education 

School desegregation in Oklahoma has followed 
a long and tortuous path. Until 1954, all schools 
in- the State were totally segregated by race as 
required by State law. Faculty and staff were ra- 
cially separated as well. Black teachers were as- 
signed exclusively to black schools. In many in- 
stances, the separation of the races in the schools 
was reinforced by segregated housing patterns. 

Segregation only not existed at the elementary 
and secondary levels but also at the university 
level. For example, in 1948 a black student sought 
entry to the University of Oklahoma Law School. 
The State contended that local law allowed for the 
provision of a separate law school for blacks upon 
demand or notice and that the applicant had not 
sought this relief. The Supreme Court in Sipuel v. 



University of Oklahoma recognized that the peti- 
tioner could not be expected to wait for construc- 
tion of a law school before completing her educa- 
tion. 

Two years later a similar problem arose. A black 
student was admitted to a State university graduate 
school. Under a new law, the student was required 
to sit in a section of the classroom surrounded by 
a rail with a sign reading "Reserved for Colored." 
He was assigned a desk in the library and was 
required to eat in the cafeteria at a different time 
from all other students. 

This arrangement did not satisfy the Court. It 
ruled in McLaurin v. Oklahoma State Regents in 
1950 that: 

There is a vast difference — a Constitutional 
difference — between restrictions imposed by 
the State which prohibit the commingling of 
students, and the refusal of individuals to 
commingle where the State presents no such 
bar.... 

With the 1954 Brown v. Board of Education 
decision, a new chapter in school desegregation 
was opened in Oklahoma. Beginning in 1955, 
many formerly all-black schools were closed and 
their students transferred to white schools. 
Desegregation also brought about a considerable 
reduction in the number of black teachers and 
school administrators. From 1954 to 1958, 360 
black teachers lost their jobs as a result of school 
desegregation in Oklahoma. Those who survived 
were usually demoted when they transferred to 
formerly all-white schools. 

The Brown decision had the greatest impact on 
the State's two largest urban school dis- 
tricts — Tulsa and Oklahoma City. Black students 
attended separate schools that were completely 
staffed by black teachers and received funds from 
a separate county levy. 

In the fall of 1955, the Tulsa Independent 
School District, reacting to the Supreme Court's 
ruling in Brown that the "separate but equal doc- 
trine" was unconstitutional, changed its school 
boundaries utilizing the "neighborhood" school 
concept. The end result was that little actual 
desegregation occurred. 

With the passage of the Civil Rights Act of 
1964, desegregation took on a new urgency in 
Tulsa. In May 1965 the Tulsa Public Schools' plan 
for desegregation was submitted to the U.S. Com- 



158 



missioner of Education. Even though the plan did 
very little to eliminate the disproportionate 
number of large concentrations of students of one 
race in certain schools, the Commissioner ap- 
proved the plan in August 1965. 

On July 30, 1968, the Attorney General of the 
United States filed suit against the Tulsa school 
district, charging the district with failing to comply 
with its constitutional obligation to maintain and 
operate a unitary school system. 

The case was subsequently dismissed and then 
appealed. On July 28, 1970, the U.S. Court of Ap- 
peals for the Tenth Circuit found that the lower 
court decision was incorrect and reversed and re- 
manded the judgment. 

Since 1970 the school district and the people of 
Tulsa have struggled with the issue of school 
desegregation. It is a story of confrontation, 
demonstration, and frustration, but solutions were 
hammered out. After a number of false starts, a 
voluntary desegregation program focusing on mag- 
net schools was begun in 1972. In the years that 
followed, the program was expanded. The current, 
voluntary, magnet school plan has been extremely 
successful. The plan, however, is limited to only 
three schools. School enrollment statistics for the 
1975-76 school year indicate that many schools in 
the district are still segregated. 

In Oklahoma City, a different set of conditions 
prevailed. In 1963 a case initiated by Robert L. 
Dowell, a black student, through his father sought 
an injunction restraining school officials from con- 
tinuing to maintain segregation in the public 
schools. The transfer of black students from 
predominantly black schools to white schools was 
one significant issue. 

Restrictive covenants and segregated residential 
housing patterns in Oklahoma City made the 
problem of desegregating the schools more dif- 
ficult. The courts recognized that such covenants 
prohibiting the sale of land to black persons were 
unenforceable. 

In 1970 the courts held that the plan put forth 
by the Oklahoma City district to desegregate its ju- 
nior and senior high schools was acceptable. Es- 
sentially, the plan called for designating each high 
school as a home-base school for students living 
within its geographical attendance area. Each high 
school, in turn, would also serve as a center for of- 
fering programs in specialized areas of instruction. 



The history of school desegregation in 
Oklahoma City and Tulsa has a prologue of fear, 
suspicion, and distrust. It is a story of confronta- 
tion and frustration, but concerned citizens came 
together to work out solutions to a problem that 
has left a legacy of hate and bitterness in many 
communities. 

Indian Civil Rights 

Employment statistics released by the U.S. Bu- 
reau of Indian Affairs (BIA) in March 1972 in- 
dicated that the unemployment rate among Indians 
in Oklahoma was 25 percent. In contrast, the 
unemployment rate for the total working age 
population in the State was about 5 percent. 
Statistics released by the Oklahoma Indian Affairs 
Commission in 1975 place the Indian unemploy- 
ment rate at 26 percent. 

Indians often encounter employment difficul- 
ties — language barriers, lack of transportation, and 
racial discrimination. Public and private employers 
reportedly will not hire Indians on the same basis 
as they will whites. Many Indians often withdraw 
completely from the labor force or are 
discouraged from entering. In the rural areas the 
problems of unemployment are increased by the 
lack of available jobs. Those who move to the ci- 
ties seeking job opportunities often face the dif- 
ficulty of discrimination and adjusting to a whole 
new way of life. Although many eventually adjust, 
others do not. Those who have been unable to ad- 
just often return to their tribal lands; others at- 
tempt to stay on and grapple with the intense 
poverty. 

In education, the situation is critical. During 
fiscal year 1972, the BIA estimated that about 
42,000 Indian children were attending public, 
Federal, and church-related schools in Oklahoma; 
more than 90 percent of all Indian children were 
enrolled in public schools. 

Despite the large number of Indians attending 
these schools, the quality of public education 
being received by these children has been 
questioned. For example, statistical evidence 
shows that Indian youths are dropping out of 
school in ever-increasing numbers. The median 
number of years of school completed by Indians 
over 25 years of age in Oklahoma is 10.3, as com- 
pared to 12.1 years for the general population. 
Only about 28 percent of all rural Indians in the 
State have completed high school. 



159 



In studying Indian education in the State, the 
Oklahoma Advisory Committee found that the 
public schools in Oklahoma, with very few excep- 
tions, have not responded to the needs of Indian 
children. School administrators are often un- 
responsive to the concerns of Indian parents and 
deny them any meaningful participation in the 
schools. The Advisory Committee concluded that 
Indian children attending public schools in the 
State have been discriminated against in terms of 
curriculum, treatment by school officials, and in 
the exercise of their cultural values. 

In January 1972, the Oklahoma Advisory Com- 
mittee conducted 4 days of hearings in Tulsa and 
Oklahoma City to examine the civil rights con- 
cerns of American Indians living in Oklahoma. 
Among the issues discussed was the administration 
of justice as applied to Indians. Many witnesses 
testified that American Indians in the State suffer 
from discrimination in the administration of justice 
and that two distinct standards seem to be operat- 
ing in Oklahoma — one for Indians and another for 
non-Indians. A disproportionate number of Indians 
are incarcerated in municipal and county jails and 
State correctional institutions. Other witnesses al- 
leged that numerous inequities are perpetrated 
against Indians, including unequal protection and 
enforcement of the laws, police intimidation and 
brutality, and insensitivity by the judicial system. 

Unfinished Business 

The momentum toward racial justice that 
characterized the 1960s has given way to a grow- 
ing sense of retrenchment and disquiet in the 
1970s. 

Job discrimination, lack of equal employment 
opportunities, inequities in the criminal justice 
system, school desegregation, poverty, and the 
rights of American Indians are issues that need to 
be addressed by all the citizens of Oklahoma. The 
stress is on all the people because these issues are 
not solely linked with minorities. Equal opportuni- 
ty and quality education should be just as impor- 
tant to whites as they are to blacks, Chicanos, 
American Indians, and Asian Americans. 

There are many people in Oklahoma, of all 
races and ethnicity, who are victims of poverty. 
There is one difference, however, and that is dis- 
crimination. It is not enough to pass laws and an- 
tidiscrimination ordinances and make pious 



pronouncements dealing with the value of school 
integration and equal employment opportunity. 
More is needed and the people of Oklahoma must 
take the initiative. 

The momentum toward school desegregation in 
Oklahoma must be accelerated to achieve true in- 
tegration in the public schools. 

The question of women's rights, underscored by 
the controversy surrounding the Equal Rights 
Amendment and the abortion issue, is yet to be 
addressed. 

In the area of public employment, the Governor 
and the legislature clearly must take the lead. 
There should be greater emphasis on affirmative 
action at the agency level and increased recruit- 
ment efforts to bring minorities and women into 
the work force. Upward mobility for minorities 
and women once they are employed must be as- 
sured. 

There is currently a barrier separating Indians 
from the larger society. There is little understand- 
ing of Indian cultural values by the white popula- 
tion. On the other hand, some American Indians 
express little desire to accept the values of the 
larger society dominated, in large measure, by 
whites. These two positions must be reconciled if 
any progress is to be made in this area. 

These issues and problems — complex and com- 
prehensive — constitute the State's unfinished civil 
rights agenda. The question now is: Can the 
citizens of Oklahoma meet the challenge? The 
Oklahoma Advisory Committee believes they can. 

Oklahoma Advisory Committee 
Members 

Hannah Atkins, Chairperson 
Earl D. Mitchell 
William C. Brown 
Jacqueline V. Carey 
William R. Carmack 
Patty P. Eaton 
June Echo-Hawk 
Nancy G. Feldman 
Stephen Jones 
Jerry Muskrat 
John H. Nelson 
Caryl Taylor 
Richard H. Vallejo 



160 



Oregon 



In Oregon the white majority is 96 percent and 
Hispanics are 1.7 percent of the State's popula- 
tion. Urban areas attract two-thirds of Hispanics 
and the remaining one-third reside in rural areas. 
Blacks, 1.3 percent of the population, are mostly 
urban, and American Indians are concentrated in 
rural areas. 

The incidence of poverty is 1 1 .4 percent for the 
State's population. All ethnic minorities have a 
higher incidence of poverty than the white majori- 
ty, and for blacks, American Indians, and 
Hispanics the percentage of families and in- 
dividuals in poverty is more than twice as high as 
the overall State figures. 

The State of Oregon has had a long history of 
positive struggle for equality. Recently, however, 
the black community has expressed concern that 
the Oregon Bureau of Labor is not providing suffi- 
cient attention to the enforcement of civil rights in 
employment. 

The ombudsman office in Oregon does not deal 
with civil rights issues, but refers them to the ap- 
propriate agency. A black woman is in charge of 
that office, and she also serves on the school 
board of the Portland School District. 

Civil Rights Developments 

In Oregon, since the turn of the century, women 
have been accorded the property privileges given 
to men. In a case decided in 1900, the Oregon 
Supreme Court stated that a married woman could 
deal with her separate property, acquired from any 
source, in the same way that her husband could 
deal with his own property. She was also allowed 
to make contracts and to incur liabilities which 
could be enforced against her in the same way as 
a man. 

Recent legislation, particularly in the areas of 
marriage and divorce, has significantly equalized 
the relationship between men and women in legal 
issues concerned with marriage or divorce. There 
has also been improvement in women's legal rights 
in credit, inheritance laws, and employment. The 



Equal Rights Amendment to the U.S. Constitution 
was ratified in 1973. 

The participation of women in politics is becom- 
ing more evident. The number of elected women 
officials and women appointments from the Gover- 
nor's office is increasing, and in 1976 the first 
woman was appointed secretary of state. 

The last legislative session made a $100,000 ap- 
propriation to the department of human resources 
to help displaced homemakers get training for em- 
ployment. Also in 1977, for the first time, the 
State women's commission was funded, and a total 
of $74,000 was provided for the next 2 years. 

American Indians 

The renegotiation of Indian treaties is an issue in 
Oregon. The concern is for the establishment of a 
valid baseline for such negotiations. Since the time 
the original treaties were negotiated, unanticipated 
economic and resource trends have affected tribal 
lands and Indian finances. 

Many residents of northeastern Oregon are con- 
cerned about the effect of Senator Mark Hatfield's 
proposal to allow consolidation of local Indian 
lands. His bill would allow the confederated 
Cayuse, Walla Walla, and Umatilla tribes on the 
Umatilla Indian Reservation to buy, sell, and trade 
land on the reservation and to mortgage trust 
lands. The tribes want to consolidate land holdings 
that have been cut up in patchwork fashion since 
the treaty of 1855 and legislation in 1888. One of 
the biggest concerns of non-Indians is that the 
Hatfield bill would give the tribes the power of 
condemnation. Other issues involve reservation 
boundaries, water rights, loss of property taxes, 
and landlocking of parcels owned by non-Indians. 

The chairman of the tribal board of trustees said 
that people on the reservation are a significant 
part of the community and are entitled to share in 
economic growth. He said the consolidation would 
allow the tribes to consolidate land to increase 
tribal income. 

The Siletz Tribal Restoration Bill before the 
Oregon State Legislature once again brings up the 



161 



State's ability to regulate Indian fishing and hunt- 
ing. Controversy over fishing rights in Oregon was 
taken to the courts on September 13, 1968, when 
the United States filed suit in U.S. district court 
against the State of Oregon, seeking judgment and 
injunction to enforce Indian off-reservation fishing 
rights in the Columbia River waterbeds. U.S. Dis- 
trict Judge Robert Belloni on May 8, 1974, 
rendered a supplemental decision in U.S. v. 
Oregon, holding that Indian treaty fishermen are 
entitled to have the opportunity to take up to 50 
percent of the harvest of the spring chinook 
destined to reach the tribes' usual and accustomed 
fishing places on the Columbia River. Both 
Washington and Oregon appealed the decision to 
the Ninth Circuit Court of Appeals. 

The U.S. Ninth Circuit Court of Appeals, on 
November 26, 1974, held that under the treaties 
the Indian tribes reserved the authority to regulate 
tribal fishing at all accustomed places on or off the 
reservation. The State has limited authority to 
regulate in the interest of conservation, but tribes 
have broader authority to prescribe conditions 
under which members may exercise the treaty 
right and may arrest and prosecute members for 
violation. 

In the continuing controversy over fishing rights. 
Judge Belloni, on August 20, 1975, issued a sup- 
plemental order in U.S. v. Oregon declaring that 
States must assure that the treaty tribes have an 
opportunity to take up to 50 percent of the har- 
vest of Columbia River fall chinook salmon which 
the States permit to be taken by all user groups of 
fish destined to reach the tribes" usual and ac- 
customed fishing places. The States are directed to 
promulgate comprehensive rules in cooperation 
with the Indians. This decision was affirmed by the 
Ninth Circuit Court of Appeals on January 28, 
1976. 

The Bureau of Indian Affairs has made Johnson- 
O'Malley funds available for Indian education 
during the past school year. A total expenditure of 
$154,744 served 1,048 Indian students in five 
school districts. 

Special problems exist for Klamath Indians. In 
1977 charges of discrimination against Indian stu- 
dents were leveled by the Office for Civil Rights, 
Department of Health, Education, and Welfare, 
against the Klamath County School District. 
Federal findings based on reviews after local com- 



plaints were filed charge that the district has failed 
to provide educational opportunities and services 
to Indian students as adequate as those provided 
to non-Indian students, failed to ensure equal ad- 
ministration of discipline to Indian students, and 
failed to recruit and hire faculty who reflect the 
racial-ethnic background of the district's student 
enrollment. 

Of the 7,250 students enrolled in Klamath 
County schools, 443 or 6 percent are identified as 
Indians, and 2 percent of the certified staff and 7 
percent of the classified staff in the district is Indi- 
an. Indian population in the county is an estimated 
2,300 or about 4.1 percent of the total 55,500. 

The district superintendent's office at Chiloquin 
High School, where 30 percent of the student 
population is Indian, provided information on the 
district's effectiveness in dealing with Indian stu- 
dents and their problems. In 1977, 31 percent of 
the graduates were Indians, compared to 24 per- 
cent in 1968. Klamath tribal officials feel that the 
district has good programs because of the pressure 
put on the district by the tribespeople. Chiloquin 
High School has a federally-funded Indian library 
with resources that are made available to other 
area schools. Federal funds also pay for special tu- 
torial and counseling programs that benefit low-in- 
come students, including Indians. The funds also 
are used to sponsor field trips on which students, 
both Indian and non-Indian, visit Indian historical 
sites. Tribal officials argue that Indians are and 
will remain part of the school environment so that 
the district, and not the Federal Government, 
should be financially backing those special pro- 
grams. 

Housing 

The Department of Housing and Urban 
Development is carrying out its assisted funding 
program in the State of Oregon. It has allocated in 
fiscal year 1977, $6,511,000 for low-income 
metropolitan housing. A total of $3,333,000 has 
been allocated for nonmetropolitan housing. Indi- 
an housing will receive $373,000. 

HUD's compliance division in 1973 received 22 
complaints under Title VIII of the 1968 Civil 
Rights Act and two Title VI complaints. From 
June 30, 1976, to July 1, 1977, HUD received 54 
Title VIII complaints and no Title VI complaints. 



162 



Employment 

The work force in Oregon as of April 1976 
stood at 1,046,500, and minorities participated at 
the rate of 3.9 percent (40,543), which is slightly 
below the percentage of minorities in the total 
State population. 

Although the work force is 3.9 percent minority, 
minorities constitute 5.3 percent (5,502) of the 
unemployed. The white majority rate of unemploy- 
ment is slightly lower than the rate for the total 
work force. In contrast, minorities are over- 
represented in the unemployment ranks by 4 to 5 
percentage points. 

Female participation in the Oregon work force 
is 408,756 or 39 percent. The overall unemploy- 
ment rate of women is 9.5 percent, which is 
slightly below the total work force rate of 9.9 per- 
cent. Although minority women are only 1 .5 per- 
cent (16,091) of the total work force and 3.9 per- 
cent of the female work force, they have an unem- 
ployment rate of 10.8 percent (1,746). 

Hispanics in the labor force number 14,849 or 
1.4 percent. The occupations of operative, service 
worker, and farm labor are held by 5,033 or 33.9 
percent of Hispanic workers. 

The Federal Government has absorbed 21,203 
of Oregon's work force. The breakdown by 
ethnicity is: 472 blacks (2.2 percent), 190 
Hispanics (0.9 percent), 329 American Indians 
(1.6 percent), and 237 Asian and Pacific Islanders 
(1.1 percent). Hispanics are slightly under- 
represented in the ranks of Federal employment. 
Minorities are 1,228 (5.8 percent) of the total em- 
ployed, which is comparable to their percentage in 
the State population. 

The total of minorities in State government em- 
ployment is 1,150 or 5 percent, which compares 
favorably with total minority participation in the 
work force. The percentage of 42.9 female State 
employees also compares favorably with the per- 
centage of women participating in the work force. 

Education 

The total statewide school enrollment is 
474,707, composed as follows: 443,447 white 
(93.42 percent), 9,466 black (1.99 percent), 
8,832 Hispanic (1.86 percent), 5,568 Asian and 
Pacific Islanders (1.17 percent), 6,705 American 
Indian (1.41 percent), and 689 Russian (0.15 per- 
cent). As of July 1977, six school districts with 18 



schools have been identified as racially imbalanced 
according to Federal guidelines. Seven other 
school districts have 1 1 schools in the 40 to 49 
percent range of enrollment for a single minority. 
To date there are no court-ordered desegregation 
efforts. However, the Portland School District has 
a voluntary racial transfer program, while Jeffer- 
son County has a voluntary compliance plan. 

The U.S. Office of Education has ruled that the 
Portland School District is ineligible for Federal 
desegregation funds ($659,378) owing to suspen- 
sion practices which discriminate against minority 
students. Mexican American parents, who are part 
of the State's largest minority, had complained to 
the Oregon Advisory Committee of the U.S. Com- 
mission on Civil Rights in early 1970 about overall 
treatment of Mexican American students in 
Oregon schools. 

The Oregon State school system operates several 
bilingual programs. The Hispanic bilingual pro- 
gram serves 574 Hispanic children; 336 Asian 
American students and 397 Russian students are 
also served through bilingual programs. 

The affirmative action program at the University 
of Oregon began in 1971 when HEW's Office for 
Civil Rights (OCR) made an onsite compliance 
review of salaries for women. OCR found the 
University of Oregon in noncompliance and 
required the university to submit a corrective plan. 
The Higher Education Amendments of 1972 regu- 
lated the development of the affirmative action 
plan. In March 1974 the university submitted its 
first written plan and to date is awaiting Federal 
approval. 

Under affirmative action program guidelines, 
during the report period October 1, 1975, to Sep- 
tember 30, 1976, 34 percent of all academic 
vacancies were filled by women, and 10 percent 
were filled by minorities. Women filled 30 percent 
of the full-time regular or fixed term professor- 
ships and 16 percent of the full-time, visiting, or 
grant-related professorships. Minorities filled 1 1 
percent of the full-time, regular, or fixed term 
professorships and 19 percent of the visiting or 
grant-related posts. Not one American Indian was 
hired in any capacity. 

No women or minorities were appointed to top 
administrative positions in the academic affairs 
area, although three vacancies occurred during the 
report period. Three white males, one appointed 
on an acting basis, were hired to fill the positions. 



163 



The university had established 28 hiring goals 
for 1975-76, and 12 were achieved or exceeded 
during the period. Women filled 79 percent and 
minorities filled 4 percent of classified vacancies. 
All classified service goals for hiring minorities 
were achieved, although not necessarily in the 
ethnic distribution specified in the goal statement. 
Correction of the underutilization of women in the 
executive manager and craft positions remains a 
goal of the university. 

Minority students, however, have made no gains 
in increasing their numbers at the University of 
Oregon since 1973. Programs which once served 
minority students are defunct. 

Administration of Justice 

The Oregon Advisory Committee participated in 
the Commission's national prison study in the early 
1970s. Conditions in the Oregon prison system 
have been characterized as progressive and the 
system is viewed as a potential model for other 
State systems to follow. 

The Oregon Advisory Committee recommended 
improvements in staff training, educational and vo- 
cational training programs, work, disciplinary 
procedures, judicial process, communications, and 
rehabilitation. Since the time of the report, Oregon 
State prison programs have made changes in line 
with many of the recommendations of the report. 

Hiring of minorities has improved considerably 
since 1973. Minority employees in the State penal 
system include 41 blacks, 50 American Indians, 8 
Asian Americans, and 18 Hispanics. These are dis- 
tributed so that 7.7 percent (33) of the personnel 
is minority in the Oregon State Correctional Divi- 
sion, 7.9 percent (20) at Oregon State Cor- 
rectional Institution, and 5.7 percent (31) at 
Oregon State Penitentiary. These percentages 
compare favorably with the State guidelines of 5 
percent minority staff. 

Training at the penal institutions has been 
modified so that personnel must take 4 hours of 
communications (human relations) and 4 hours of 
training dealing with affirmative action. The total 
of 8 hours is 10 percent of the 80 hours of basic 
orientation which officers or counselors receive in 
their training. 

Following investigations of the Oregon Advisory 
Committee in 1973 and 1974, the Oregon Legisla- 
ture in 1975 created a joint education planning 



and development team for the department of cor- 
rections. The department of education handled 
curriculum and programs while corrections han- 
dled the finances and facilities. The results have 
been substantial. It is now possible for individuals 
to enter prison as nonreaders and exit with 2-year 
degrees. The credits for training received are col- 
lege transferrable. 

The programs, training, and courses are made 
available to all interested parties. In the next bien- 
nium, women inmates will be phased into the male 
vocational training programs. Currently, women 
can attend courses held on the campus of the local 
community college. 

In 1976 the statute pertaining to death while 
under felony confinement was repealed by the 
Oregon legislature. Inmates retain all rights insofar 
as their exercise does not interfere with security. 
The prison rules and sanctions are more sharply 
delineated than in 1973. Currently, no State funds 
are available for family counseling. No pamphlets 
are printed in Spanish. The definition of rehabilita- 
tion is undergoing scrutiny for the purpose of 
developing full-time rehabilitation programs. 

Oregon Advisory Committee 
Members 

Campbell Richardson, Chairperson 

Elizabeth Browne 

Mercedes F. Deiz 

Elizabeth Fewel 

David Gonzales 

Marva Graham 

H.J. Hamilton 

Ann Lindh 

Lucia Pena 

Emanuel Rose 



164 



Pennsylvania 



The Commonwealth of Pennsylvania had a 1970 
population of 1 1,793,864, the third most populous 
State in the country. The Keystone State's minori- 
ty population included 1,015,576 blacks or 8 per- 
cent of the total; 44,263 Puerto Ricans; 5,701 
American Indians; 4,962 Filipino Americans; 
2,639 Korean Americans; and 7,027 of other 
races. 

Pennsylvania's economy is largely based on pri- 
mary metal industries, especially blast furnaces 
and steel mills. Other industries include insurance 
and real estate, garment manufacture, machinery, 
electrical equipment and supplies, metal products, 
and food products. Forty-five percent of the labor 
force are white-collar workers, 42 percent blue- 
collar, 12 percent service, and 1 percent farm. 

Civil Rights Developments 

The State human relations commission was 
created by State law in 1955. Additionally, public 
human relations agencies created by local govern- 
ments have been established in 65 cities. These 
local agencies cooperate with the State commis- 
sion in promoting equal opportunities. The State 
commission provides services and technical 
assistance to these groups, especially to those local 
agencies with enforcement powers and affirmative 
programs to eliminate unlawful discriminatory 
practices as defined by the Pennsylvania Human 
Relations Act. 

Four major coalitions operating in the State are 
the Pennsylvania Equal Rights Council, the East- 
ern Pennsylvania Coalition for Human Rights, 
Western Twenty-Three for Pennsylvania Human 
Rights, and the Philadelphia Fellowship Commis- 
sion. Religion-oriented human relations groups 
also work on a regional and statewide basis. 
Among these, the American Friends Service Com- 
mittee has made significant contributions 
throughout the years to civil rights issues. 

Working on behalf of women's rights are such 
groups as the Pennsylvanians for Women's Rights, 
and Pennsylvania affiliates of the National Or- 



ganization for Women, National Black Feminist 
Organization, National Women's Political Caucus, 
and Women's Equity Action League. 

The Pennsylvania branch of the National As- 
sociation for the Advancement of Colored People 
(NAACP) also has a strong and active force in its 
54 chapters over the State. The Urban League has 
branches in Lancaster, Philadelphia, and Pitt- 
sburgh. The American Civil Liberties Union 
(ACLU) also is highly visible and active. Providing 
a Federal civil rights perspective is the Pennsyl- 
vania Advisory Committee to the U.S. Commission 
on Civil Rights. The factfinding studies that the 
Advisory Committee produces are often used as 
the basis for further action by other organizations 
and individuals. 

Civil Rights Enforcement 

The Pennsylvania Human Relations Commission 
administers and enforces the Pennsylvania Human 
Relations Act passed on October 27, 1955. This 
law prohibits discrimination in "employment, 
housing, and public accommodations based on 
race, color, religion, sex, ancestry, national origin, 
handicap or disability, blindness, or age, and the 
willingness or refusal of a person to perform abor- 
tions or sterilizations." The Pennsylvania Fair Edu- 
cational Opportunity Act prohibits discrimination 
in education. The State legislature overwhelmingly 
ratified the Equal Rights Amendment in 1972. The 
constitution of the Commonwealth of Pennsylvania 
outlaws discrimination against any person in the 
exercise of any civil right (section 26) and 
prohibits any denial or abridgement of equality of 
rights because of sex (section 28). 

Education 

One of the most pressing problems facing 
Pennsylvania has been desegregation of its public 
school system. In Pennsylvania an important factor 
in achieving school desegregation has been the 
State commission on human relations. However, 
there have been repeated legislative efforts to try 
to eliminate the commission's jurisdiction in this 



165 



area. Since 1968 commission action has success- 
fully desegregated 22 school districts throughout 
the State. Despite the commission's efforts, neither 
Pittsburgh nor Philadelphia has developed satisfac- 
tory school desegregation plans. 

The percentage of nonwhite students has been 
increasing, and the white student population has 
been decreasing. In Philadelphia's public schools, a 
majority of the students is nonwhite (62 percent) 
as in many - metropolitan areas throughout the 
country. Philadelphia still has not developed an ac- 
ceptable desegregation plan, although the State 
human relations commission has pressed this 
matter since 1968. The commission and the school 
board are currently under Commonwealth court 
order to submit desegregation plans to the court. 
All previous plans have been rejected. Legislative 
budget cuts for Philadelphia school funding 
threaten to undermine gains already made in 
school desegregation efforts. The commission and 
other groups continue to face the challenge of 
desegregating the public school system. 

To assist school districts in Pennsylvania and 
throughout the Mid-Atlantic area, the Mid-Atlan- 
tic Regional Office of the U.S. Commission on 
Civil Rights held a conference on achieving school 
desegregation in the fall of 1976 and invited 
school personnel, students, parents, community 
groups, and public officials to work together to 
develop strategies to effect desegregation of the 
public schools. 

Migrant Workers 

Another problem which has plagued the State in 
the past and continues to do so is the plight of 
migrant workers. A 1961 U.S. Commission on 
Civil Rights report targeted the rights of that 
group as one area in which there was the least 
amount of progress. Part of the solution, the re- 
port indicated, was achievable through Federal 
legislation. Some gains and improvements have oc- 
curred through Federal legislation for farmwor- 
kers, such as the Federal Crew Leader Registra- 
tion Act and amendments to the Fair Labor Stan- 
dards Act. 

However, the Pennsylvania Advisory Committee 
has learned, from its investigations and studies, 
that few changes have been effected for workers in 
the mushroom industry. This information was ob- 
tained from a joint informal hearing in 1976 (with 



the Delaware Advisory Committee) on the work- 
ing and living conditions of mushroom workers in 
Chester County, Pennsylvania, and New Castle 
County, Delaware. 

Major findings were that mushroom workers 
have too often been excluded from urgently 
needed services in areas such as health, education, 
housing inspection, employment, and training 
because they have been "defined out" of the tar- 
get population of farmworkers. Housing provided 
for workers by mushroom growers was found to be 
substandard. Working conditions also were found 
to be unsatisfactory. Few mushroom workers are 
protected by collective bargaining, unemployment 
insurance, workers compensation laws, or health 
and safety laws. While this is true for most farm- 
workers, mushroom workers also are excluded 
from benefits for Federal assistance programs en- 
joyed by other such workers because they are not 
included in the target population of those pro- 
grams. 

The mushroom workers investigation also 
brought to light the plight of undocumented aliens 
from Mexico who are employed in the mushroom 
industry. The Advisory Committee learned that 
they work for low wages and do not complain 
about poor working and living conditins for fear of 
apprehension and deportation. 

Administration of Justice 

In Philadelphia, the "City of Brotherly Love," a 
grand jury investigation of the police department is 
currently underway. In 1972 the Pennsylvania Ad- 
visory Committee held an informal hearing on po- 
lice-community relations prompted then, as now, 
by charges of police abuse. 

In its report, Police-Community Relations in 
Philadelphia (June 1972), the Committee found 
that the Philadelphia Police Department made nu- 
merous unnecessary arrests, leaving many citizens 
with the undeserved stigma of a police record. The 
majority of these unnecessary arrests were made of 
minority citizens, especially minority youth. A 
general concern was expressed that the police de- 
partment was not held adequately accountable for 
its actions. The Advisory Committee recom- 
mended that the city establish a mechanism for re- 
gistering, investigating, and disposing of complaints 
against the police or individual policemen with 
respect to violations of civil rights. It also recom- 



166 



mended that a nonpartisan citizens' board, 
representative of the population of Philadelphia, 
be created to guide the overall policy of the police 
department and that citizens' boards be established 
in each district. It outlined specific steps that po- 
lice personnel could undertake immediately and 
also suggested reforms and improvements in the 
environment in which police work is done and 
justice is administered. 

Although some of the Advisory Committee's 
recommendations were acted upon and citizens' 
boards were created in Philadelphia, tension 
between the police and community has grown 
again to alarming proportions. 

Housing 

In a 1976 landmark decision, Judge Raymond J. 
Broderick of the U.S. District Court for the East- 
ern District of Pennsylvania ordered that 
townhouse public units be built as originally con- 
tracted in 1956 for the Whitman Park Project in 
Philadelphia. The court found that in blocking 
housing in the area, defendants in the case — the 
city of Philadelphia, the city housing and 
redevelopment authorities, and the Department of 
Housing and Urban Development 

(HUD)— violated Title VI of the 1964 Civil Rights 
Act and Title VIII of the 1968 Civil Rights Act. 
The court also found violations of the 5th, I 3th, 
and 14th amendments to the Constitution. This 
decision provided renewed hope in housing oppor- 
tunities for low-income and minority citizens in 
Philadelphia and the Nation. 

Voting Rights 

Over the past two decades, there has been 
widespread concern about the voting rights of ra- 
cial and language minorities. Only in the past few 
years, however, has this concern extended to those 
who reside in institutions for the physically and 
mentally handicapped. Apparently no national pol- 
icy exists regarding the disenfranchisement of the 
institutionalized. The Pennsylvania Advisory Com- 
mittee as of this writing is investigating the voting 
participation of physically and mentally han- 
dicapped institutionalized citizens. 

Employment 

The median family income in Pennsylvania is 
$9,554. Eighteen percent of Pennsylvania's fami- 



lies have incomes greater than $15,000 and 8 per- 
cent have incomes less than $3,000. The average 
income of black families remains 40 percent below 
that of whites. The gap closed slightly in the 1960s 
but it has not changed since 1970. In the current 
recession, minority group persons and women have 
been disproportionately affected by layoffs in busi- 
ness and industry. Strong efforts must be made to 
ensure continuing compliance with affirmative ac- 
tion plans for hiring, training, and promoting women, 
minority group persons, and those who are handi- 
capped or disabled. 

Unfinished Business 

Unequal treatment in education, jobs, housing, 
and the administration of justice is still widespread. 
Stronger enforcement and strengthening of existing 
legislation is necessary to eliminate barriers in these 
areas for minority group persons, women, and the 
handicapped so that all persons in the Common- 
wealth may enjoy the free exercise of their civil 
rights. Civil rights organizations within the State face 
the challenge of eliminating discrimination whether 
it is open or subtle, sporadic or systemic. 



167 



Pennsylvania Advisory 
Committee Members 

Grace Alpern, Chairperson 
Jean Becker 
Philip Bernstein 
Keith A. Bodden 
James M. Carter 
Sin-Ming Chiu 
James A. Crump 
Verna J. Edmonds 
Vincent L. Enright 
Patricia A. Ferraris 
Martha H. Garvey 
Elizabeth G. Henderson 
Bill Hayes 

Alexander C. H. Loud 
William M. Marutani 
Angel L. Ortiz 
A. Jean Owens 
James B. Pinkney 
Terrie E. Price 
Mary Rosario 
Samuel W. Seeman 
Eugene A. Simon 
Ben Stahl 
Elizabeth Wolfskill 



168 



Rhode Island 



According to the 1970 census, there were 
948,844 persons in the State of whom 482,434 
were women. There were 25,259 blacics, or 2.8 
percent of the total population; 6,961 Hispanics or 
0.7 percent; 1,390 Indians; and 5,240 members of 
other minority groups. Franco Americans make up 
the single largest ethnic group and 101,270 per- 
sons or 11.2 percent listed French as their first 
language in the 1970 census. 

In 1975 the State planning department estimated 
that the total population had increased slightly to 
952,232 persons. Although there were no official 
estimates of the change in minority populations, 
the Urban League of Rhode Island estimated that 
the black population was 33,500 and the Hispanic 
population was 20,000. These minority estimates 
are based on the 1970 census (including compen- 
sation for an alleged undercount of minorities) and 
migration into the State since the last census. 

In the past 5-years, Hispanics and Portuguese- 
speaking groups have become increasingly or- 
ganized. 

The largest group of Hispanic persons came 
from the Dominican Republic, the second largest 
from Colombia, and the third largest from Puerto 
Rico. Many of the non-Puerto Rican Hispanics are 
aliens, some documented (with legal status) and 
some undocumented. The Portuguese-speaking 
community includes both whites from the Azores 
and those from the Cape Verde Islands, many of 
whom are black. Many Cape Verdeans were 
misrepresented in the 1970 census because the 
Portuguese-speaking community was generally 
listed as white. 

The Hispanic and Portuguese-speaking popula- 
tions are concentrated largely in the central and 
eastern areas of the State and in cities such as 
Central Falls, just north of Providence. Franco 
Americans are concentrated in the northern areas 
of the State, such as Woonsocket. 

Some sources claim that there are as many as 
2,500 American Indians in the State. This estimate 
includes approximately 2,000 Narragansett and 



other Indians representing as many as 18 other 
tribes in other States. Although the Narragansett 
reservation was broken up in the late 1880s, the 
tribe still has 7 acres with a long house and a 
tribal church in Charlestown in Washington Coun- 
ty- 
State authorities estimate that, while the total 
population will remain relatively constant, the 
minority population will increase rapidly in the 
next 20 years. 

Providence is the State's capital and its largest 
city. Of a 1970 population of 179,213, 15,875 (or 
8.9 percent) were black, 1,387 (or 1.1 percent) 
were Hispanic, and 2,000 were members of other 
minority groups. 

Black families earned significantly less than 
members of other minority groups. In Providence, 
where there is the highest concentration of blacks, 
the median income of black families was $5,627. 
Approximately 29.9 percent of black families were 
on public assistance and 31.5 percent earned 
below the poverty level. The median income for 
all families in the city was $8,430, with approxi- 
mately 11.2 percent receiving public assistance 
and 13.3 percent earning below the poverty level. 
The median income for Hispanic families was 
38,288; approximately 21.6 percent received 
public assistance and 18.7 percent earned below 
the poverty level. 

According to the State department of employ- 
ment security, in 1976 women made up approxi- 
mately 41.3 percent of the labor force. Although 
the unemployment rate for the State as a whole 
was 8.1 percent, the rate for women was 9.5 per- 
cent. Approximately 11 percent of blacks and 8.1 
percent of Hispanic persons were unemployed. 
The highest unemployment rates were for black 
and Hispanic women, 12.3 percent and 17.4 per- 
cent, respectively. There is also a significant dif- 
ference between the salaries earned by men and 
women. In 1970 the median income for men was 
$6,062 and for women $2,392. 



169 



Civil Rights Developments 
Enforcement 

The Rhode Island Commission on Human Rights 
is the primary civil rights enforcement agency in 
the State. Providence also has a human relations 
commission. 

The State commission was established in 1949 
with jurisdiction over discrimination in employ- 
ment, and later public accommodations and hous- 
ing, on the basis of race, color, religion, and 
country of ancestral origin. Its jurisdiction was 
amended to prohibit employment discrimination 
on the basis of sex in 1971 and against the physi- 
cally handicapped in 1973. Housing discrimination 
against the physically handicapped was prohibited 
in 1973 and on the basis of sex and marital status 
in 1977. Discrimination in credit on the basis of 
sex and marital status was prohibited in 1974. The 
State's civil rights legislation is uneven. Current 
laws do not prohibit sex discrimination in public 
accommodations or racial or national origin dis- 
crimination in credit transactions. 

The State's permanent advisory commission on 
women was established by a joint resolution of the 
general assembly in 1970 to advise the State 
government. The commission has lobbied on a 
wide variety of issues including improvement in 
the State correctional facilities for women and the 
inclusion of prohibitions against sex discrimination 
in the State's fair housing legislation. 

In November 1976, executive order no. 39 
established the Rhode Island Commission for Indi- 
an Affairs to investigate problems of persons of 
American Indian heritage and to "aid in their 
resolution." In addition, the commission provides 
assistance to Indian organizations and individuals 
in gaining access to Federal, State, and local pro- 
grams. Seven of the eight commissioners are 
nominated by American Indian groups. 

A number of executive orders related to civil 
rights have been issued at the State and local 
levels. Of particular interest are those relating to 
equal employment opportunity in State and local 
governments, which were the focus of the Adviso- 
ry Committee's 1975 report. Minorities and 
Women in Government: Practice versus Promise. 

At the time of the Advisory Committee's study. 
State government operated under an executive 
order requiring affirmative action by all State de- 



partments. This order, which was issued by former 
Governor Frank Licht, had never been imple- 
mented. During the week of the Advisory Commit- 
tee's informal hearing on the issue, then Governor 
Philip Noel appointed an affirmative action officer 
for State government. Several months later, he is- 
sued a new executive order. Since then, while the 
Advisory Committee has monitored progress in 
State government, additional EEO staff members 
have been hired and mechanisms to promote affir- 
mative action in all the State departments have 
been established. 

At the time of the Advisory Committee's hear- 
ing, the city of Providence had an executive order 
requiring nondiscrimination but not affirmative ac- 
tion by all city departments. However, sex dis- 
crimination was not prohibited by the order. Fol- 
lowing the hearing, then Mayor Joseph Doorley 
added sex discrimination to the executive order. In 
1975 Mayor Vincent A. Cianci established an af- 
firmative action committee that had been working 
to develop an affirmative action plan for the city. 
Similar mechanisms to further equality of employ- 
ment opportunity were established in East 
Providence and Newport, the two other cities in- 
cluded in the Advisory Committee's study. 

At present, there is a bill before the Providence 
City Council to revise and strengthen the human 
rights ordinance and extend the powers of the 
Providence Human Relations Commission. 

One significant piece of civil rights legislation 
was a bill passed in 1970 requiring racial balance 
in all public schools. A school was considered ra- 
cially imbalanced if its classes varied by more than 
10 percent from the white and minority represen- 
tation at the same grade level in the school system. 

Employment 

Employment in both the private and public sec- 
tors is a major concern of minority and women's 
groups. In addition to State and local government, 
the Rhode Island Advisory Committee has 
reviewed the construction industry. In 1970 the 
Advisory Committee reviewed minority employ- 
ment in federally-financed construction projects 
and found that, while minorities made up almost 
10 percent of the Providence population, they ac- 
counted for less than 1 percent of the membership 
of construction craft unions in the area. The Ad- 
visory Committee, which held an informal public 



170 



hearing and issued a report, Toward Equal Oppor- 
tunity in the Construction Industry, was instrumen- 
tal in the development of the "hometown plan" 
for increasing minority participation in the con- 
struction industry in the State. 

Education 

In the 1960s liberal white and minority parents 
became concerned over the quality of education 
and the increasing segregation in the Providence 
schools. Following a series of negotiations between 
the school department and interested community 
groups, the city voluntarily implemented a three- 
phase desegregation plan. Phase I desegregating the 
elementary schools went into effect in September 
1967. Phase II affecting the middle schools went into 
effect in September 1970, and Phase III affecting 
the high schools went into effect in September 1971. 
Throughout the three phases, there were sporadic 
disturbances, largely at the high schools and periods 
of racial tension throughout the system. 

The Advisory Committee has played a significant 
role throughout the desegregation process. In 1966, 
Rev. Raymond Gibson, then chairperson of the Ad- 
visory Committee, was one of the first persons to 
speak out against the partial desegregation plans then 
under consideration and to call for a plan affecting 
all the city public schools. The Advisory Committee 
continued to monitor the schools. A 1977 Commis- 
sion report reviewing the desegregation process 
points out several critical problems in the school 
system, including the underrepresentation of minori- 
ties on the staff, the growing resegregation of many 
classes, the lack of minority student participation in 
extracurricular activities, and the disproportionate 
number of minority students being bused. 

Women's Issues 

In 1972 Rhode Island ratified the Federal Equal 
Rights Amendment. 

Equal employment opportunity is a major concern 
to women's groups. In recent years the working 
woman has lost several battles in Rhode Island. In 
1973, the Rhode Island Commission on Human 
Rights charged the Narragansett Electric Company 
with sex discrimination because pregnant employees 
were required to leave work in the fifth month of 
their pregnancy and return to work 3 months after 
the birth of the baby. The Human Rights Commis- 
sion won in lower court but the ruling was over- 



sion won in lower court but the ruling was over- 
turned in 1977 by a three to two vote in the State 
supreme court. The supreme court's ruling spoke 
only to sick pay because the company had rescinded 
its mandatory leave policy. Another setback occur- 
red in 1977 when Governor Garrahy vetoed a bill 
which would have allowed temporary disability in- 
surance for women unemployed by illness due to 
abnormal pregnancy. A third setback occurred when 
a bill to provide flexitime and part-time jobs in State 
government was defeated. 

Women's groups have also become increasingly 
concerned about the problems of the homemaker. A 
report, The Legal Status of Homemakers in Rhode 
Island, concludes that "the status of homemaker in 
Rhode Island leaves a dependent wife in an extremely 
vulnerable position." The report analyzes State and 
Federal credit, property, estate, and divorce laws 
and regulations which are disadvantageous to the 
homemaker. The homemaker is, for example, re- 
quired to cosign and therefore become liable for her 
husband's debts; however, she is not able to obtain 
credit on her own unless she is employed or has 
other assets. The 1977 legislature established a 
commission to study the feasibility of setting up a 
program for displaced homemakers. 

The homemakers report also refers to the prob- 
lem of abused women, which has received increasing 
attention. Legislation was passed in 1977 creating 
a new category of domestic assault and enabling an 
officer to make an on-the-spot arrest if there is "prob- 
able cause" rather than requiring the woman to file 
for a warrant at a later date. 

Because of the religious and cultural traditions 
of the State, the right to elective abortions has 
remained a controversial issue. In each year between 
1972 and 1976, at least one bill restricting a woman's 
right to abortion was passed by the State legislature 
and subsequently declared unconstitutional by the 
courts. In 1977 the legislature passed a resolution 
calling for a constitutional convention to ban abor- 
tions. Governor J. Joseph Garrahy has taken a 
strong stand against elective abortions and the use of 
Medicaid funds for them. 

Unfinished Business 
Employment 

The status of equal employment opportunity in 
State government exemplifies much of the move- 



171 



ment in civil rights in Rhode Island in the last 5 
years. On paper, the progress looks good. The State 
has created a number of mechanisms to further equal 
employment opportunity in State government — a 
series of executive orders requiring affirmative action, 
an EEO office, and EEO officers in all State depart- 
ments. However, in part because of economic diffi- 
culties, the change in the employment profile has 
been small. .There has been little progress in hiring 
and promoting minorities and women. 

In recognition of this problem, the 1977 legisla- 
ture passed a resolution asking Governor Garrahy 
to consider the employment of women in responsi- 
ble State positions. 

The Black Coalition on the Building Trades, 
which was formed during the Advisory Commit- 
tee's earlier inquiry into discrimination in the con- 
struction industry, is one of the few such coalitions 
in the Nation which continues to operate. The 
coalition and the staff of the Rhode Island Con- 
struction Industry Employment Opportunity Plan 
continue to point to the need for both increased 
hiring of minorities and enforcement of Federal 
nondiscrimination requirements for federally- 
financed construction projects. 

Staff members of the Urban League of Rhode 
Island agree that the failure of affirmative action, 
particularly on the part of State and local govern- 
ments and contractors with those governments, is 
one of the most critical problems in the State. 

Aliens 

The number of undocument aliens in the State 
is a matter of growing concern. Many are em- 
ployed in low-paying jobs and live in substandard 
housing. The jobs they hold and services they 
receive are components of a growing controversy. 
A bill to penalize employers of undocumented 
aliens passed the State senate but, following an in- 
tensive campaign by Hispanic organizations, was 
killed in the house. 



Each year since the ERA was ratified, a bill has 
been introduced to rescind the ratification. The 
controversy over the right to elective abortions in- 
dicates that there is significant opposition to recent 
gains in that area. 



Women's Issues 

In the 1970s sex discrimination was prohibited 
in many areas of life as the jurisdiction of the 
State commission on human rights expanded. The 
Federal ERA was ratified and significant legisla- 
tion passed. Nonetheless, much remains to be done 
to assure equality of opportunity for women in 
Rhode Island. 



172 

Rhode Island Advisory 
Committee Members 

Sheila Cabral Sousa, Chairperson 

Arthur Aloisio 

Malvene J. Brice 

Richard P. D'Addario 

Michael P. Dollinger 

Helen G. Engies 

Malcolm Farmer, III 

Raymond E. Gibson 

David Harris 

Lester E. Hilton 

Stephanie Ince 

Susan Sweet Jones 

A. Edward Norigian 

Nancy Ann Palmisciano 

Catherine Robinson 

Manuel Rodriguez 

Gioconda E. Salazar 

James E. Tisdale 

Everett "Tall Oak" G. Weeden 

Jean Whipple 

William "Big Toe" Wilcox 

Frederick C. Williamson, Sr. 

Ralph M. Willoughby 



South Carolina 



173 



South Carolina can be characterized as a rural 
State with a large black population. Even when 
towns of 2,500 or more residents are designated 
urban, the' State is 52 percent rural. South 
Carolina has 2-1/2 million people, 30 percent of 
whom are black. Other minorities include some 
11,000 Hispanics, 2,241 American Indians, and 
4,804 persons of other ethnic backgrounds. Until 
1930 blacks outnumbered whites but the black 
population has remained fairly constant, approxi- 
mately the same as in 1900, whereas the white 
population has tripled in the same interval. 

Civil Rights Developments 

Civil rights problems in South Carolina are nu- 
merous and diverse. There are great disparities 
between blacks and whites in income, housing, 
education, and health. Women, 51 percent of the 
population, earn substantially less than men and 
stand unequal before the law. As homemakers, 
wives have no enforceable financial interest in a 
marriage. American Indians, primarily Catawbas 
and Lumbees, are scattered among five counties, 
primarily in rural areas. The disparities in quality 
of life between American Indians and white per- 
sons are even more striking than between blacks 
and whites. American Indians are less organized 
than blacks and therefore have difficulty reversing 
discrimination against them. All minorities in the 
State recognize the inequalities that exist between 
themselves and the white majority and the need to 
deal with the processes and institutions which per- 
petuate those differences. 

South Carolina's civil rights problems can better 
be understood by looking at developments in 
specific areas from the time of the Civil Rights Act 
of 1964 to the present, noting major events and 
activities in that period. 

Education 

School desegregation has occupied the limelight 
of civil rights involvement since 1964. The year 
1979 will mark the 25th anniversary of the 
Supreme Court decision of Brown v. Board of Edu- 



cation, the landmark school desegregation case. 
That decision was based on a consolidation of 
other cases, including Briggs, v. Elliott, which was 
filed in Clarendon County, South Carolina. South 
Carolina had used delaying procedures to avoid 
school desegregation. There was a belated attempt 
to equalize the facilities of segregated schools. 
"Freedom of choice" plans produced token trans- 
fers of blacks to formerly white schools. "With all 
deliberate speed" the courts and the U.S. Depart- 
ment of Health, Education, and Welfare closed 
loopholes and gave ultimatums to districts to pro- 
vide a unitary school system. In the period from 
1969 to 1971 most districts complied with plans 
approved or written by HEW. Any school districts 
which do not now meet HEW standards for 
desegregation are districts where courts have or- 
dered desegregation and for which HEW therefore 
does not exercise jurisdiction. 

The transition from segregated to unitary 
schools was not always nonviolent. There were in- 
cidents in Dorchester, Edgefield, Florence, and 
Chesterfield Counties. The most publicized event 
occurred in Lamar in March 1970, when irate 
white persons overturned and burned school buses 
and attacked the South Carolina highway patrol- 
men who had arrived to restore order. 

One result of the movement to unitary school 
systems was the creation of private schools, 
labeled "seg academies," to avoid school 
desegregation. Some of these schools died out 
while others prospered. In the school year 
1973-74, there were 47,060 students enrolled in 
private schools, representing some 6.8 percent of 
all students in the State in both public and private 
schools. Some school districts became virtually all 
black. The substantial declines in public school en- 
rollment frequently led to reductions in the tax al- 
location for public school operation. Clarendon 
District 1 had a 99.9 percent decline in white en- 
rollment in the period from 1964-65 to 1973-74; 
the median annual decline in white enrollment for 
that period was 12 percent. In 1976 the South 



174 



Carolina Advisory Committee studied the 
desegregation of Williamsburg County school dis- 
trict, which had an 80 percent black enrollment. 
Desegregation was peaceful there and improve- 
ments in the quality of education have been sub- 
stantiated. 

Black persons who support public schools look 
not only at the type of education offered but also 
at the interest of school teachers and officials in 
the welfare of students. In the fall of 1976 black 
students boycotted the schools of Calhoun County. 
They alleged insensitivity on the part of school of- 
ficials, one of whom was black, to black students' 
concerns and objected to the fact that some public 
school teachers sent their children to private 
academies. Local and State public officials 
responded by establishing a nonresident biracial 
committee to mediate. In another part of the 
State, Civil Rights Commission staff members went 
to York in February 1975 to assist in resolving 
problems created in the consolidation of formerly 
black and white schools. 

Not all school problems dealt with race. A sur- 
vey of five school districts in South Carolina 
showed violations of Title IX of the educational 
amendments of 1972 relating to sex discrimination 
in federally-supported school programs. In the five 
districts, there was only one female principal of a 
secondary school; there were 40 male principals. 
The Office for Civil Rights of HEW required 
school districts to undertake a self-examination 
concerning sex discrimination and to develop a 
plan and timetable to eliminate such practices by 
July 1976. Few school officials made any attempt 
to comply with these directives before that date. 

The median school years completed by persons 
25 years of age and older illustrates the past per- 
formance of the school system: white persons 
completed 11.4 years and blacks, 7.7. South 
Carolina is in the bottom position of the 50 States 
in the category of per capita expenditure for 
public education and South Carolina high school 
seniors score substantially below the national 
average on the standard Scholastic Aptitude Test. 

Employment 

Statistics on income give a realistic picture of 
employment practices in the State. For persons 14 
years and older with an income, the median in- 
come for whites is $4,102 and for blacks is 



$1,991— more than a 50 percent differential. 
Forty-eight percent of black families and 10 per- 
cent of white families live in poverty. The income 
differential by sex is clearly seen in the median 
earnings of persons 16 years and older — males 
receive $5,658 annually and females $3,230. 

State government, although the largest employer 
in the State, has come under attack for discrimina- 
tory practices. The Black Caucus of the legisla- 
ture, composed of the State's 13 black legislators, 
requested in March 1977 that the Equal Employ- 
ment Opportunity Commission (EEOC) file a 
Commissioners' charge. The caucus alleges that 
approximately one-fifth of State agencies have no 
blacks in supervisory positions. The caucus has 
received word from the EEOC that there appears 
to be a basis for the Commissioners to take the ac- 
tion requested. 

Concern over employment, especially the role of 
the State, led 10,000 persons to march on the 
State Capitol in January 1976. In the rally that fol- 
lowed, the director of the Southern Regional Of- 
fice of the U.S. Commission on Civil Rights spoke 
to the group, pledging the support of the Commis- 
sion in the study of employment discrimination. 

In September 1975 a class action suit was filed 
in district court against the State, charging flagrant 
discriminatory practices against women. The suit 
noted that females in State employment were 
found predominantly in the lower paid categories 
and almost excluded from higher pay classifica- 
tions. The South Carolina Highway Patrol, after 
filing suit against the U.S. Government to prevent 
the Law Enforcement Assistance Administration 
from withholding funds for its refusal to hire 
women, was ordered to place women in the Sep- 
tember 1977 training class. Victoria Eslinger used 
the court to force the legislature to hire females as 
pages in the house and senate. 

A serious threat to the employment of black 
teachers was posed in 1 976 when the State depart- 
ment of education raised the National Teacher Ex- 
amination test scores required for teacher certifi- 
cation. The South Carolina Education Association 
had unsucessfully challenged the State's use of this 
test because salaries were related to test per- 
formance and the average salary of black teachers 
fell substantially below that of white teachers. 

In tests given in November 1976 and February 
1977 to college seniors planning to teach, 60 per- 



175 



cent passed. However, only about 3 percent of the 
seniors in the State's six predominantly black col- 
leges passed the test. The highest percentage for 
students at any of the black colleges was less than 
10 percent; one college had no seniors who 
passed. If this certification procedure remains ef- 
fective, the employment of black teachers in a 
public school system which is becoming increas- 
ingly black is clearly in jeopardy. 

South Carolina is one of only two States in the 
Southeast to establish an agency to implement an- 
tidiscrimination laws. The South Carolina State 
Human Affairs Commission, created in 1972, has 
also been designated as a referral agency by the 
EEOC to handle South Carolina complaints filed 
through that agency. During the fiscal year ending 
June 30, 1976, the commission received 193 com- 
plaints; 67 percent were based on race, 21 percent 
on sex. 

Equal Rights Amendment 

In 1975 a coalition of 33 organizations worked 
for ratification of the. Equal Rights Amendment 
and 32 legislators cosponsored the bill. With a 
combination of a surprise vote and a parliamentary 
maneuver, the opposition successfully tabled the 
bill by a house vote of 46 to 43. In 1977 the bill 
was reintroduced, but supporters were unable to 
have the legislation brought before either the 
house or senate. 

The 600 persons who attended the South 
Carolina Conference of the International Women's 
Year Commission held in June 1977 voted support 
for the ERA. The conference also passed resolu- 
tions relating to employment of women that had 
been recommended by the National Commission 
on the Observance of International Women's Year. 

Administration of Justice 

The single most tragic event related to struggles 
for civil rights in South Carolina was the killing of 
three black students by law enforcement officers 
on the campus of South Carolina State College in 
Orangeburg on February 8, 1968. The students 
had been restricted to the campus to prevent 
further demonstrations aimed at the desegregation 
of a public bowling alley. In the confrontation with 
law enforcement officers, rocks were thrown by 
students, and police officers opened fire, leaving 
three students dead. Based on voluntary state- 



ments by South Carolina Highway Patrol officers 
to the FBI, nine highway patrolmen were tried in 
Federal district court and acquitted; five had been 
promoted prior to the trial. Advisory Committee 
Members and Commission staff made several trips 
to Orangeburg to interview persons concerning 
this event. 

The State highway patrol confronted violent 
white persons protesting school desegregation in 
Lamar in 1970, and although there was considera- 
ble provocation and one patrolman was injured, 
the officers did not fire a shot. Three of the 
leaders of the demonstration were indicted and 
convicted in a State court and served prison sen- 
tences. 

Many persons were concerned over the deaths 
of several black males in a series of encounters 
with law enforcement officers in 1974-75 — 11 
black males were killed and 3 black males and 2 
white males were injured in that period. In 
December 1975 Governor James Edwards ap- 
pointed a "blue ribbon" committee, the Gover- 
nor's Committee on Police-Community Relations. 
The Committee has conducted two workshops that 
brought together minority community persons and 
representatives from law enforcement agencies, 
courts, educational institutions, and the general 
public. In 1976, six persons— three black and three 
white — were killed by police officers. 

The State legislature in 1977 enacted the 
Criminal Sexual Conduct Code, which has been 
hailed as the finest piece of legislation in the 
country dealing with rape. Its provisions include a 
procedure for the treatment of sexual assault vic- 
tims, a range of classifications for the crime based 
on the amount of physical force or coercion in- 
volved, and a provision to accept males as victims. 

Based on United States Supreme Court decisions 
relating to the death penalty, the South Carolina 
Supreme Court ruled that the South Carolina law 
was unconstitutional. The legislature in 1977 
enacted a new death penalty law modeled on 
Georgia's which had been ruled constitutional. 
Despite the opposition of the Black Caucus, the 
law was passed overwhelmingly in both houses. 

It is significant that blacks in South Carolina 
have recently assumed positions of stature in the 
criminal justice system for the first time. Matthew 
Perry, former counsel for the NAACP and 
Democratic candidate for Congress, was appointed 



176 



to the U.S. Court of Military Affairs by President 
Ford on the recommendation of Republican Sena- 
tor Strom Thurmond. Former Advisory Committee 
Chairperson Ernest Finney was elected judge of 
the circuit court by the legislature when several 
new circuit courts were created. President Carter 
named Andrew Chisholm as U.S. Marshall for 
South Carolina. 

Voting Rights and Political 
Participation 

The Voting Rights Act of 1965 and its amend- 
ments have enaljied South Carolina blacks to gain 
more voice in government. The State's population 
is 30 percent black, and in 1974 there were 
254,713 blacks registered to vote, 26 percent of 
registered voters. In a Deep South State, it is re- 
markable that the percentage of eligible blacks re- 
gistered to vote is only half a percentage point less 
than eligible registered whites. This is by far the 
best record for registration of blacks in the South. 
In 1977 there were 194 blacks, of whom 14 are 
women, elected to public office. 

Objections raised by the U.S. Attorney General 
under the Voting Rights Act resulted in the crea- 
tion of single-member districts for the State house. 
This overturned the "full slate" law which 
required a voter to cast as many votes as there 
were vacancies. Without the full slate law, a black 
voter can now cast a vote for only one candidate 
even if there are several vacancies, thus giving 
minority candidates more opportunity for election. 
Thanks to single-member districts, blacks were 
able to increase their representation in the house 
from 3 in 1973 to 13 in 1974. The law governing 
the election of State senators has been challenged 
by the U.S. Attorney General because it does not 
conform to the single-member district concept, but 
the courts have so far ruled for the State. 

Black political power is strong within the 
Democratic Party. In the 1968 State convention, 
there were 200 black delegates out of a total of 
900. Blacks made up approximately one-third of 
the South Carolina delegation to the national con- 
ventions in 1968 and 1972. A black has been vice 
chairperson of the State party since 1968, and a 
black is national committeewoman for the State; 
she is also a member of the State Advisory Com- 
mittee. 



Housing and Welfare 

Statistics on housing for minorities clearly reveal 
the gap that exists between housing for whites and 
blacks. The median value of a black homeowner's 
house ($7,800) is 59 percent of the median for all 
owner-occupied housing; 65 percent of black- 
owned homes have no flush toilets and 71 percent 
have no water. Another grave disparity between 
blacks and whites is seen in mortality statistics. 
The average life span of blacks is 62.2 years com- 
pared to 70.3 for whites. 

The Advisory Committee has been especially 
concerned with issues of housing and welfare as 
they relate to minorities and women. An informal 
hearing on welfare was held in Dorchester County 
in 1970 and on housing in Greenville in 1972. A 
case that received considerable attention involved 
a private physican in Aiken County who was the 
only person handling Medicaid patients. He in- 
sisted on sterilization for women following delivery 
of their third child; the court required that he 
discontinue that procedure. 

In 1976 a consortium of human service agencies 
in Columbia passed a resolution requesting that a 
portion of revenue sharing funds coming into the 
State be allocated to human services. 

Unfinished Business 

This report is not intended to be comprehensive. 
Gains have been made in several areas but they 
are offset by the monumental tasks yet to be un- 
dertaken. 

The civil rights status of a State can be mea- 
sured by comparisons between males and females 
and between whites and minorities in areas which 
directly affect their daily lives— income, housing, 
health, and education. Careful study of this infor- 
mation will show where progress needs to be made 
on behalf of those who have suffered from dis- 
crimination. 

Employment is one of the major areas where 
much remains to be done. The State government 
has a major responsibility to set its own house in 
order. Security must be provided to homemakers 
whose financial status is dependent on the whims 
of their marriage partners. Education and training 
is the key to employment, and equal opportunity 
in these is vital to provide minorities and women 
with the skills to compete equally in the job mar- 
ket. A society which would treat its citizens 



177 



without bias must treat them with dignity and 
respect. The criminal justice system must reflect 
that attitude. The list goes on. 

South Carolina Advisory 
Committee Members 

Keller H. Bumgardner, Chairperson 

Nella G. Barkley 

Rudolph C. Barnes, Jr. 

Charles A. Batson 

Anna T. Baxter 

Samual M. Bonds 

Oscar P. Butler, Jr. 

Septima P. Clark 

James E. Clyburn 

H. Parker Evatt 

Juanita W. Goggins 

Thomas L. Gregory 

Bernice Hunt 

Barbara I. Lualdi 

Matthew D. McCoIlom 

Theo W. Mitchell 

Diane A. Moseley 

William H. Orders 

Elizabeth J. Patterson 

Dorothy P. Reese 



178 



South Dakota 



Americans Indians living in South Dakota are by 
far the largest minority group in the State. The 
1970 census showed an American Indian popula- 
tion of 32,365 (15,876 males and 16,489 females) 
or 4.9 percent of the total State population of 
665,507. Blacks number 1,627 (0.2 percent of the 
population), while whites number 630,333 (94.7 
percent). Other races total 1,182 or 0.2 percent. 

The majority of the American Indian population 
are Sioux. Most Indians live on eight reservations 
located in the State: Pine Ridge, Rosebud, Yank- 
ton, Lower Brule, Crow Creek, Sisseton, Standing 
Rock, and Cheyenne River. Much of the State's 
black population is transient, located at the Ell- 
sworth Air Force Base near Rapid City. A few per- 
sons of Hispanic heritage reside in South Dakota, 
but most are transients who cross the State with 
the stream of migrant farmworkers. 

Civil Rigiits Developments 

In 1962 the South Dakota Advisory Committee 
investigated alleged discrimination in housing in 
the Rapid City area which resulted in a published 
document. Report on Rapid City. A similar in- 
vestigation and public hearing in 1967 dealt with 
housing discrimination against black personnel at 
Ellsworth Air Force Base. In 1969 the Commit- 
tee's report entitled Poor Relief in South Dakota 
examined the effect of discriminatory residence 
requirements upon minorities. 

Many of South Dakota's civil rights issues and 
problems center on those involving American Indi- 
ans. In 1971 the Advisory Committee conducted 3 
days of hearings in Rapid City to look at the civil 
rights concerns of Indian people. Documented in 
the report, Indian Civil Rights Issues in Montana, 
North Dakota, and South Dakota, was evidence of 
substandard housing, high unemployment rates, 
widespread misuse of Federal funds intended for 
Indian school children, and discriminatory prac- 
tices in the justice system. Recently, the Commit- 
tee culminated an investigation of problems faced 
by Americans Indians in the State's criminal 



justice system with 2 days of hearings in Rapid 
City. 

In 1974 the U.S. Commission on Civil Rights in- 
vestigated the tribal election at the Pine Ridge 
Reservation and uncovered widespread irregulari- 
ties. The study highlighted problems in the tribal 
government system and its relationship to policies 
of the Bureau of Indian Affairs. The Commission's 
staff report. Report of Investigation: Oglala Sioux 
Tribe, General Election, 1974, resulted in changes 
of election practices at Pine Ridge and affected 
procedures used on other reservations in South 
Dakota. 

Indian-State government relations have been the 
focus of many significant developments involving 
the civil rights of American Indians. A South 
Dakota Indian Affairs Commission was established 
to provide a framework for communication 
between Indians and non-Indians. In April 1977, 
however, tribal leaders said they no longer wanted 
to participate on the commission, citing deteriora- 
tion in tribal-State relations. 

In other developments. South Dakota Governor 
Richard Kneip urged the State legislature to recog- 
nize Indian tribes' rights to Missouri River water 
and to develop a policy which would protect these 
rights in the face of a proposed irrigation project 
in the State. 

The Oglala Sioux tribal council approved a con- 
tract with the Bureau of Indian Affairs which puts 
BIA police under the immediate supervision of the 
Tribal Law and Order Commission. 

The most significant development involving 
American Indians in the State was the U.S. 
Supreme Court decision in April 1977 upholding 
decisions of the lower courts that the Rosebud 
Sioux have no legal claims to lands in three South 
Dakota counties taken away by acts of Congress 
around the turn of the century. The decision 
means that the tribe does not have jurisdiction 
over the Indian and non-Indian residents of the 
three counties involved. Such a decision may have 
a far-reaching effect on similar jurisdictional 
disputes across the United States. 



179 



In February 1972 the State legislature passed 
the South Dakota Human Relations Act which 
prohibits discrimination because of race, color, 
creed, religion, sex, national origin, or ancestry. It 
also charges the newly established South Dakota 
Commission on Human Rights with the basic 
responsibility to enforce the act. This legislation 
was a milestone in civil rights developments within 
the State and has accomplished more than any 
other action to assure progress toward equal op- 
portunity for all South Dakotans. 

Equal Rights Amendment 

Three years ago South Dakota ratified the Equal 
Rights Amendment to the U.S. Constitution, and a 
resolution to withdraw this ratification caused 
much debate throughout the State but failed to get 
on the house calendar for discussion. 

Unfinished Business 

At a meeting in Aberdeen during the fall of 
1975, the Advisory Committee identified the fol- 
lowing priority issues which it felt were unfinished 
business in the area of civil rights: 

• Employment of American Indians in State 
government and in the provision of public ser- 
vices to the reservations. 

• Economic development on reservations and 
the funding of American Indian businesses. 

• The administration of justice on and off the 
reservation, including juvenile concerns, prisons, 
and juries. 

• Voting problems of minorities. 

• Health care delivery for American Indians. 

• Special education programs and the use of 
education funds allocated to the reservation. 

• Housing problems on and off the reservation 
and the colonial status of the reservations. 

• The administration of welfare to American 
Indians and the adoption of American Indian 
children. 

• The media and its portrayal of minorities. 

A task force on Indian-State government rela- 
tions also identified several areas of major concern 
for Indian civil rights. These were: 

• Law enforcement shared by the State and In- 
dian tribes involving cross-deputatization giving 
both State and tribal governments jurisdiction 
over either Indians or non-Indians. 

• Extradition of fugitives from the reservation 
to the State. 



• Reciprocal recognition of tribal-State court 
decisions. 

• Water rights and the question of tribes having 
exclusive authority to regulate water within the 
reservation boundaries. 

• Indian voting rights and the question of Indi- 
an people deprived of their voting potential by 
the way legislative districts are established. 

At this writing, a statewide "backlash" organiza- 
tion. South Dakotans for Civil Liberties, with its 
major objective the establishment of State jurisdic- 
tion over Indian reservations, threatens to un- 
dermine gains in the areas of Indian sovereignty 
and tribal development. 

With the exception of minor gains in some 
areas, the status of women in South Dakota has 
not improved significantly despite passage of the 
1972 Human Relations Act. Employment is an 
area of major concern. Salaries of full-time work- 
ing women still approximate only half of those 
earned by men. Inadequate child care programs 
throughout the State add to the difficulties of 
working women. 

Institutions of higher education are beginning to 
hire more women at entry salaries equivalent to 
those of men, but women continue to be drasti- 
cally underrepresented at the higher faculty levels. 

South Dal(ota Advisory 
Committee Members 

Mario Gonzalez, Chairperson 
Stanford M. Adelstein 
Dorothy M. Butler 
Roberta A. Ferron 
Barbara G. Gunderson 
Grace R. Kline 
Eric J. La Pointe 
Mary E. McEldowney 
Hilario G. Mendoza 
David Volk 
William Walsh 



180 



Tennessee 



According to the U.S. Census, Tennessee had a 
total 1970 population of 3,924,164 of whom 
640,255 or 16.3 percent were minorities. Blacks 
accounted for 631,696 or 16.1 percent of the 
total, almost 99 percent of the minority popula- 
tion. 

Census figures showed a high concentration of 
blacks in three urban areas — Memphis (Shelby 
County) 265,892, Nashville (Davidson County) 
87,856, and Knoxville (Knox County) 23,184. Six 
counties in west Tennessee (Shelby, Tipton, Lau- 
derdale, Fayette, Haywood, and Hardeman) were 
home to approximately 46.9 percent or 305,125 of 
the total black State population. 

Civil Rights Developments 
Education 

Tennessee was one of the nine Southern States 
to declare open defiance of the 1954 Supreme 
Court decision on school desegregation, labeling it 
an encroachment upon the reserved powers of the 
States and vowing to resist it with every means. 

In January 1956 Clinton High School in Ander- 
son County (3.1 percent black population) was or- 
dered by a Federal district court to begin 
desegregation not later than the fall of 1956. Fif- 
teen blacks enrolled and 12 of them appeared on 
opening day. Disorders at the school and personal 
attacks upon the black students followed, but by 
September 1 5 the high school was operating on a 
normal basis. On February 14, 1957, a suitcase full 
of dynamite exploded in the heart of the black 
section of Clinton, injuring two persons. However, 
the first year of desegregation in Clinton High 
School ended quietly on May 1 7 with the gradua- 
tion of the school's first black. The following Oc- 
tober, a blast of dynamite destroyed a substantial 
part of Clinton High School and the school had to 
resort to temporary quarters in Oak Ridge, 12 
miles away. 

Nashville initiated a gradual desegregation pro- 
gram in September 1957 which began with the 
first grade and was expected to desegregate one 



additional grade each year. When 19 black first 
graders enrolled, violence erupted, including a 
dynamite blast that ripped off the roof of the 
desegregated school. 

In 1968 the Memphis school system, with 
125,000 students, 53 percent black, was by far the 
largest system in the State. Desegregation efforts 
had begun in 1963, but high schools in the city 
system were not desegregated until the 1966-67 
school year. 

In litigation before the U.S. District Court for 
the Western District of Tennessee, the Memphis 
City School System asserted that 47.3 percent of 
its pupils were attending desegregated schools in 
1969. These figures were deceptive, however, as 
noted by the court, since the system counted all 
pupils in biracial schools as integrated. The city 
held, for example, that in one school with 1,569 
blacks and 1 white, 1,570 pupils were integrated. 

The outward movement of whites to the suburbs 
and the concentration of blacks in the inner city 
compounded the problems with desegregation. 
One inner-city elementary school, for example, 
changed from 371 whites and 5 blacks in 1963-64 
to 878 blacks and no whites in 1969-70. Another 
elementary school changed from 592 whites and 
265 blacks in 1965-66 to 1,360 blacks and 6 
whites in 1969-70. The trend was evident 
everywhere — as the percentage of blacks increased 
in an area, whites moved away. 

While noting this increasing pattern of de facto 
segregation, U.S. District Court Judge Robert M. 
McRae declined under existing precedents to 
order the pairing of schools or busing of students 
in order to. achieve desegregation. The court did, 
however, order elimination of transfers where stu- 
dents transferred from school zones in which they 
were a racial minority to those in which they were 
a racial majority. 

Today, in 1977, the Memphis school system is 
approximately 75 percent black. The white private 
schools are flourishing and the city schools lost an 
additional 2,000 white students at the beginning of 



181 



the 1976-77 school year. The city school system 
is presently back in the courts where a number of 
plans are being reviewed. One plan of note, 
presented by a school board member, called for 
"specialized grouping." In essence, students would 
be tested when they entered school and placed in 
a group according to test results. Students would 
remain with that group throughout their educa- 
tional experience. This tracking plan was rejected 
by the court. 

Nashville's initial reaction toward the 1954 
desegregation decision was negative. The decision, 
therefore, had little impact and desegregation ef- 
forts in the next decade (1957-67) were slow and 
minimal. In 1970 Avon Williams, attorney for the 
plaintiffs, filed a suit to prohibit the Metropolitan 
County Board of Education of Nashville and 
Davidson County from maintaining racially 
segregated schools and from employing school per- 
sonnel on the basis of race. On July 16, 1970, 
Federal District Judge William Miller held that the 
local school board had not met its affirmative duty 
to abolish the dual school system in three catego- 
ries: pupil integration, faculty integration, and site 
selection for school construction. 

United States District Judge L. Clure Morton in- 
itially requested the Department of Health, Educa- 
tion, and Welfare to prepare a school desegrega- 
tion plan for the Metro Nashville-Davidson School 
District. The judge ruled that the HEW plan was 
acceptable and ordered the rezoning of only about 
two-thirds of the county's 141 schools. Many white 
suburban schools in the outer reaches of the coun- 
ty were not affected. Judge Morton ruled that 
"each and every school is not required to be in- 
tegrated. The test is a unitary school system. The 
practicability and feasibility of a plan is a material 
consideration." 

A negative aspect of the plan was the dispropor- 
tionate number of younger black children who 
would be bused. Because of the way Nashville 
schools were paired, black children are bused out 
of the inner city for the first 4 years of elementary 
school and white children are bused into the city 
for grades five and six. 

Additionally, the school system encountered a 
major problem because it lacked sufficient buses 
to implement the new rezoning plan, and the city 
council refused to appropriate money for addi- 
tional buses or the maintenance of old buses. The 



school system had to stagger school opening times 
over 3 hours — 7 a.m. until 10 a.m. — so that each 
bus could make several runs. This created schedul- 
ing problems for parents, especially for working 
parents who had children attending different 
schools. 

Voting and Poverty 

In 1956 some 90,000 (28 percent) blacks in 
Tennessee were registered to vote. In all counties 
of the State except three, blacks were permitted to 
register to vote and had met with little discrimina- 
tion. In the three counties, all in western Tennes- 
see — Haywood, Fayette, and Hardeman — actual 
physical intimidation had prevented anything but 
token registration. Haywood and Fayette Counties 
had been the most intractable. 

Haywood County was 61 percent black, but of 
its 7,921 voting-age blacks, none was registered 
until May 1960. In Fayette County with 70 per- 
cent blacks, only 58 of 8,900 voting-age blacks 
were registered in 1959; voting records showed 
that of these 58 registrants, one had voted in 
1958, 12 in 1953 and 3 in 1952. 

Blacks had not been permitted to vote in 
Haywood County for approximately 50 years, were 
forced to observe a strict curfew, were not per- 
mitted to dance or drink beer, and were not al- 
lowed in the vicinity of the courthouse unless on 
business. When a black registered to vote in 
Fayette County, the sherriff was immediately in- 
formed. He, in turn, informed the black's landlord 
and employer. The registrant was promptly fired 
from his job and removed from his home by credit 
foreclosure. This was particularly easy to accom- 
plish since the majority of the blacks were 
sharecroppers. 

The use of economic pressure against blacks re- 
gistering in both counties was similar. Arrest and 
severe fines on minor charges were followed by 
the withholding of wages, elimination of credit, 
and orders to leave the community. 

Early in 1959 a black former school teacher, 
with a master's degree, filed a complaint with the 
Tennessee Advisory Committee to the U.S. Com- 
mission on Civil Rights charging that he had met 
with constant subterfuge and refusal in his at- 
tempts to register to vote in Haywood County. 
Thereafter the conflict between the white and 
black communities in both counties raged inces- 



182 



santly. Whites appeared "to be determined to resist 
black registration to the last, despite State and na- 
tional efforts. They reasoned that once they ad- 
mitted the black majorities to the franchise, the 
characteristics of the two counties would change. 
The blacks had lost so much in economic reprisal 
that there was little left to lose. The institution of 
a suit against Haywood County by the U.S. De- 
partment of Justice in September 1960 and the 
decision of the Government to allow surplus 
agricultural stocks to be distributed to the "tent 
city" that the homeless blacks had been driven 
into led blacks to believe that they would prevail. 
However, they had to wait until 1964 before their 
dream was fully realized. 

Blacks in Fayette, Hardeman, and Haywood won 
a major battle but paid a terrible price. Pover- 
ty — reflected by income, poor housing, and receipt 
of welfare — was heavily concentrated in black 
communities during the sixties. The demand for 
farm labor declined steadily at that time in western 
Tennessee. Memphis, the largest metropolitan area 
in the region, offered hope of jobs to many black 
laborers and tenant farmers displaced for attempt- 
ing to exercise a constitutional right. 

The blacks who chose to stay faced appalling 
economic deprivation as reflected in the 1970 cen- 
sus. In Fayette County 68 percent of the black 
families had incomes below the poverty level; in 
Hardeman County, 54.2 percent; Haywood Coun- 
ty, 65.2 percent; Lauderdale County, 67.5 percent; 
Tipton County, 61.1 percent. 

Shelby County and Memphis proved to be less 
than a mecca for displaced blacks. Their poverty 
followed them to the city. Approximately three out 
of every five black families in Shelby had incomes 
below $3,000 compared with one of every seven 
white families. Thus, blacks accounted for two- 
thirds of the poor families, double their share of 
the total number of families in the county. With a 
high incidence of poverty nationally for families 
headed by women, it is important to note that 20.6 
percent of black families in Memphis were headed 
by women in 1960, with this figure rising in 1970 
to 28.5 percent. 

Administration of Justice 

Despite the extreme poverty of many black 
communities, Tennessee basked in general racial 
tranquility during the early 1960s. Even when 



there were open demonstrations with picketing, 
sit-ins, and marches during 1960 and 1961 and 
later in 1964, the issues surrounding these con- 
frontations were usually settled without widescale 
conflict. The targets of the civil rights movement 
were theaters, restaurants, libraries, and educa- 
tional facilities. Surface changes achieved in the 
visible use of public institutions, however, 
evidently obscured the perpetuation of underlying 
economic and educational inequities. This was 
never more dramatically evidenced than in Mem- 
phis, Tennessee. 

The relatively calm relationship of blacks and 
whites in Memphis was shattered in 1968 by a 
costly strike against the city by a predominantly 
black union representing 1,300 employees of the 
city's public works department. The major issues 
of the strike were recognition and a dues checkoff. 
These issues were enlarged by the black communi- 
ty to include black identity and racial pride when 
the city and its mayor, who was unpopular in the 
black community, refused to grant the union 
recognition. Before the strike was settled, Mem- 
phis experienced riots, disorders, and the assas- 
sination of Dr. Martin Luther King, Jr. In the af- 
termath of the strike, hostilities between the black 
community and the white administration were 
solidified. 

Collaterally and consistently the black communi- 
ty had lodged complaints and allegations of police 
abuse, brutality, harassment, and unjustifible homi- 
cide against the Memphis Police Department. The 
situation intensified when, on October 19, 1971, a 
black youth was allegedly beaten to death by eight 
white policemen. On December 7, 1973, an all- 
white jury found the eight men innocent, setting 
off a week of protests and racial disturbances. 

During the period 1970-77, there have been six 
major efforts to deal with police-minority relations 
in Memphis. 

1. In 1970 the Memphis branch of the NAACP 
presented an 18-point program to the city ad- 
ministration. It was ignored. 

2. In 1974 the New York City Police Depart- 
ment conducted a study of the Memphis Police 
Department. It was ignored. 

3. In 1972 the Memphis City Council commis- 
sioned a study on police-community relations. It 
was ignored. 



183 



4. In 1974 the Community Relations Service, 
Department of Justice (Atlanta Regional Of- 
fice), acted as mediator between the Memphis 
Police Department and a negotiating team com- 
prised of various civic groups. Their recommen- 
dations were ignored. 

5. On October 8-9, 1976, the Tennessee Ad- 
visory Committee conducted a 2-day informal 
hearing on police-community relations. The city 
administration refused to cooperate and did not 
allow any city employees to appear at the hear- 
ing. 

6. On May 9, 1977, the U.S. Commission on 
Civil Rights held a hearing in Memphis on po- 
lice-community relations, and the city responded 
to the subpenas with testimony from the mayor 
and various police officials. However, no posi- 
tive corrective action has been undertaken by 
the administration to date. 

Government 

The Tennessee Commission on Human Develop- 
ment recommended in 1977 that the Tennessee 
Legislature enact appropriate legislation to provide 
for commission enforcement in the areas of em- 
ployment and public accommodations discrimina- 
tion based on race, creed, color, religion, sex, or 
national origin. Under current legislation the 
human development commission has no enforce- 
ment authority and the legislature has refused to 
grant such authority. 

Unfinished Business 

Today there are 24 schools in the Nashville- 
Davidson system in which black enrollment ranges 
from over 50 percent to almost 95 percent. Thus, 
resegregation appears to be occurring. The city 
council still refuses to appropriate money for addi- 
tional buses. Portable classrooms abound in the 
suburbs at those schools unaffected by the 
desegregation plan, and black schools in the inner 
city are being phased out, a situation regarded 
with concern by black parents. 

Additionally, the Nashville NAACP has 
prepared a report for submission to the Tennessee 
Advisory Committee requesting a study of police- 
community relations. Now in the mid-seventies, 
the blacks in the six counties of western Tennessee 
are struggling with the unfinished business of con- 
verting voting power into economic power. 



Tennessee Advisory Committee 
l\/lembers 

Samuel B. Kyles, Chairperson 

Larry K. Hardesty 

Isaiah T. Creswell, Sr. 

Mattie R. Crossley 

Sarah M. Greene 

Maelo L. Killebrew 

Edward E. Redditt 

Richard J. Ramsey 

Mary Schaffner 

Lucy Covington 

Losetta I. Miller-Carr 

Harrison P. Violet 

Daniel A. Powell 

Patricia A. Welch 



184 



Texas 



According to the 1970 census, there were 
11,196,780 Texans; approximately 3.5 million 
were minority (1.5 million blacks and more than 
2 million Mexican Americans). While each of the 
State's 254 counties has a substantial minority 
population, most Mexican Americans are found in 
the southern and border counties. The largest 
numbers of blacks live either in East Texas or in 
the Dallas-Forth Worth and Houston areas. 

While blacks and Mexican Americans comprise 
slightly less than one-third of the population of 
Texas, they represent almost two-thirds of those 
below the poverty level. Only 10.4 percent of 
Anglo Texans are at or below the poverty level, 
while over 35 percent of each of the two minority 
groups fall in that range. 

A staggering 19.2 percent of Mexican Amer- 
icans and 11.5 percent of black Texans over the 
age of 25 are functionally illiterate (less than 4 
years of formal education) compared with 2.9 per- 
cent of the Anglo Texans at that level. 

The minority unemployment rate is approxi- 
mately twice that of Anglo Texans. Similarly 16.1 
percent of the black and 15.2 percent of the Mex- 
ican American households lack adequate plumbing 
as compared with 1.7 percent of the Anglo homes. 
Far more blacks and Mexican Americans live in 
housing units that are considered crowded or over- 
crowded. 

The current problems of the State in dealing 
with its minority population stem in large part 
from these groups' historic exclusion from literally 
all fruits of government. Severe discrimination in 
education, voting rights, the administration of 
justice, housing, and public accommodations 
frequently has been documented in Texas. 

More subtle forms of discrimination against 
women continue to find root in conservative 
Texas. While advances have been made (Texas 
was one of the first States to pass the Equal Rights 
Amendment and has a provision in the State con- 
stitution which is roughly the equivalent of the 
ERA), few women can be said to be at the center 



of the decisionmaking process in either private or 
public contexts. 

Civil Rights Developments 
Voting Rights 

Since the early 1960s, there has been a virtual 
revolution in the participation in the electoral 
process by Mexican American and black Texans. 
Their introduction into the previously Anglo-con- 
trolled domain of Texas politics has been 
facilitated by a host of Federal court decisions 
which have destroyed electoral barriers erected 
against minority groups. For example, the Federal 
courts have stricken the poll tax — the most restric- 
tive annual voter registration procedure in the 
United States; excessive filing fees — up to $6,300 
just to get a name on the primary election ballot; 
the use of multimember State legislative districts; 
the apportionment of the U.S. congressional seats; 
the entire apportionment of the Texas Legislature 
(twice); gerrymandered commissioner districts in 
dozens of Texas counties; the use of the at-large 
system for city council elections in Dallas and 
Waco; and the use of an at-large election system 
for the Waco School Board. 

Under Section 5 of the Voting Rights Act of 
1965, as amended in 1970 and 1975, certain 
States (primarily those located in the Deep South) 
have been required to receive Federal approval of 
proposed changes in the electoral process prior to 
the implementation of these modifications. This 
procedure, usually referred to as "Section 5 
preclearance" has been described as the 
"frontispiece" of the civil rights movement. 
Federal preclearance was first made applicable to 
Texas in the 1975 amendments to the act. During 
the first 1 2 months that it was covered by the 
preclearance requirement, Texas submitted 4,668 
changes — more than three times as many as the 
1 1-year total of any of the States which had been 
covered since 1964. 

In addition, during its first 12 months of 
coverage under the Voting Rights Act, Texas 



185 



received 30 objections from the U.S. Department 
of Justice, far more than any other State in a sin- 
gle year (previous high was Louisiana with 19 in 
1971). Only three States — Georgia, Louisiana, and 
Mississippi — have had more objections in 1 1 years 
than Texas received in 1 year. 

The total impact of Section 5 in Texas has been 
limited by a growing refusal on the part of local 
political subdivisions to honor the Federal objec- 
tions and by what appears to be an inconsistent 
enforcement policy. 

Beyond the benefits derived from preclearance, 
the Voting Rights Act has also resulted in bilingual 
elections in those areas of the State with substan- 
tial numbers of Mexican Americans. Recent un- 
published data have documented favorable results. 
A Mexican American Equal Rights Project study 
found that between 73 and 90 percent of the 
respondents felt that voting was easier because of 
bilingual election procedures. A cognate study by 
the Mexican American Legal Defense and Educa- 
tional Fund (MALDEF) examining the bilingual 
election process itself concluded that "the data 
disclose remarkably few logistical problems to 
local election officials." 

The list of court decisions and the Voting Rights 
Acts provide a foundation for impressive advances 
in minority political activity. In 1964, for example, 
there were no blacks, 2 women, and 9 Mexican 
Americans among the 181 members of the Texas 
Legislature. After several court-ordered apportion- 
ments, there are now 13 blacks, 11 women, and 
18 Mexican Americans. 

On the county level, minority success in com- 
missioner elections has increased, but many coun- 
ties remain badly apportioned. This continues to 
restrict the success of Mexican American and 
black candidates. On the local (city and school 
board) level, minority success has been similarly 
limited by at-large election procedures. 

Housing and Public Accommodations 

Studies have shown that all of the major cities 
in Texas have become substantially more 
segregated since the end of World War 11. While 
there has been a slight increase in the incidence of 
Mexican American and Anglo integration, recent 
examination of census data shows that upwards of 
70 percent or more of the Mexican American 
population in selected Texas cities resides in ethni- 
cally identifiable "barrios" (neighborhoods). 



The Mexican American Equal Rights Project 
and the Civil Rights Litigation Center have 
demonstrated that restrictive real estate covenants 
along racial and ethnic lines continue to have sub- 
stantial effect on the housing patterns in San An- 
tonio, Corpus Christi, and New Braunfels. While 
these offensive techniques were held unenforcea- 
ble and unconstitutional in the early 1950s, other 
more subtle tactics have emerged such as cove- 
nants relating to lot size, home cost, and square 
footage. Complaints that real estate agents steer 
black and Mexican Americans to "their side of 
town" are frequently heard. 

Several Texas cities have adopted open housing 
ordinances. The 1968 Austin ordinance became a 
serious political issue and led to the defeat of the 
council members who voted for it. Houston passed 
its open housing ordinance in 1975 by a narrow 
margin amid much debate. Since its passage, ap- 
proximately 750 complaints of race, sex, or na- 
tional origin discrimination have been filed in 
Houston. Of these, about one-half were dismissed 
and the complainants directed to other services. 
Of the remaining half, about 40 percent ended in 
formal or informal conciliation. 

The Dallas fair housing ordinance dates from 
November 1971. Approximately 900 complaints 
have been filed since its inception. Of these, 60 
percent were dismissed and 30 percent ended in 
conciliation. Dallas, unlike Houston, has been in- 
volved in actual litigation to enforce the or- 
dinance, with four or five suits going to trial on a 
yearly average. 

The San Antonio ordinance was passed in 1968, 
but its effectiveness is in doubt. For example, in a 
1975 study it was found that one out of five apart- 
ment complexes in San Antonio restricted black 
occupancy. A related study of discrimination 
against San Antonio Mexican Americans disclosed 
discrimination to be of "lesser intensity" and 
based upon pigmentation. Similar patterns of dis- 
crimination are found in Houston. 

While the State of Texas has neither a statutory 
human relations commission nor a provision for 
extensive enforcement of colorblind public accom- 
modations, the U.S. Department of Justice has 
been involved in litigation under the provisions of 
the Civil Rights Act. There are currently six such 
active suits in the State, including two in Houston, 
two in Tyler, and one in Waco. All involve dis- 



186 



crimination against blacks. There was a time when 
such discrimination in Texas against Mexican 
Americans was common practice; however, it ap- 
pears to have abated somewhat in recent years. 

Many private clubs throughout the State remain 
segregated. Some public events such as "fiesta 
week" in San Antonio involve functions sponsored 
by these clubs which tend to perpetuate the 
distance between the races. 

Administration of Justice 

Mexican Americans and blacks represent over 
62 percent of the Texas prison population. There 
are few Mexican American or black State and 
Federal judges. Of 253 district judges, 1 is black, 
16 are Mexican Americans, and 3 are women. Of 
the 31 special domestic relations judges, there are 
2 Mexican Americans and 2 women, and no 
blacks. Among the 42 judges on the State's inter- 
mediate civil appellate courts, there are no blacks 
and only 1 Mexican American and 1 woman. 
There are no Mexican Americans, blacks, or 
women among the justices on the Texas State 
Supreme Court (Civil Appellate Court of Last 
Resort) or the Texas Court of Criminal Appeals 
(Criminal Appellate Court of Last Resort). Yet 
even this minimal representation is an improve- 
ment over 1964 when there were only two or 
three Mexican American district judges. The first 
black district judge was not appointed until 1975. 

There are no blacks among the State's 25 active 
Federal judges. However, Judge Reynaldo Garza, 
an early Kennedy appointee, is currently chief 
judge of the southern district of Texas. Judge 
Sarah Hughes of Dallas, a white female who was 
also a Kennedy appointee, retired recently but 
continues to carry a docket of cases. 

The Texas Department of Corrections (TDC) 
operates the State's huge system of 15 prisons. 
There are no Mexican American or black wardens; 
however, there is one female warden (at one of 
the two prisons exclusively for women). There are 
20 assistant wardens of whom one is a black and 
one is a woman (assistant warden in the other 
women's prison). There are no Mexican American 
assistant wardens. Again, this modest number of 
minority administrators is nevertheless an increase 
over 1964 when there were none. 

Pardons and paroles in Texas are handled by a 
parole board (three members who consider both 



pardon and parole applications) and a parole com- 
mission (six members who consider only parole 
applications). The parole board includes one black 
female and two Anglo males. The parole commis- 
sion has one black male, one Mexican American 
male, one Anglo female, and two Anglo males 
among its current members. The black female ap- 
pointed in May 1975 is the first minority member 
of the pardon and parole board. 

The conditions in Texas prisons and jails have 
been the subject of numerous Federal court ac- 
tions on complaints ranging from inmate segrega- 
tion to serious overcrowding. It is generally felt 
that most local detention units in the State fail to 
meet State statutory requirements or currently ac- 
cepted standards. 

In Texas all felony indictments must be brought 
by grand juries. The State operates on a so-called 
"key man" system where the presiding district 
judge appoints three to five grand jury commis- 
sioners who in turn name 12 grand jurors and up 
to 8 alternates. Recent studies in Hidalgo (Rio 
Grande border), Bexar (San Antonio, south cen- 
tral Texas), and Williamson (central Texas) Coun- 
ties have shown that this key man system has con- 
sistently resulted in grand juries which lack Mex- 
ican American and female (especially Mexican 
American women) members. 

The question of black membership was not in- 
volved directly in these studies; however, similar 
underrepresentation is likely. Indeed, the U.S. 
Supreme Court held just this year that the Hidalgo 
County Grand Juries contained too few Mexican 
Americans. Federal grand juries are picked at ran- 
dom from the registered voters lists. While minori- 
ty group members tend to be underregistered, this 
system has been shown in Bexar County studies to 
produce a far more representative sample of the 
population than the key man system. 

Police brutality continues to be a statewide 
problem. In a recent case, a young Castroville 
(south of San Antonio) man was taken out and 
shotgunned to death by the local police chief 
whose wife and sister-in-law buried the body in a 
shallow grave in East Texas. In a State prosecu- 
tion, the police chief received a 10-year sentence 
for aggravated assault and his wife and sister-in- 
law paid only court costs. 

Initially, the Department of Justice refused to 
become involved in the case on the grounds that 



187 



an old, inconsistently applied policy dictated 
against successive State and Federal prosecutions. 
After a great deal of public outrage, the U.S. De- 
partment of Justice reversed itself and filed a 
Federal civil rights action against these three peo- 
ple. Another current case involves the death of a 
Mexican American allegedly at the hands of 
Houston police officers, three of whom have been 
indicted by a county grand jury. 

Education 

In a 1961 report of the U.S. Commission on 
Civil Rights, integration in Texas was described as 
"blocked by the enactment in 1957 of certain 
statutes by the Texas Legislature which were ap- 
parently designed to retard integration." Since that 
earlier Commission document, the State laws have 
been voided (some in court actions and others by 
the legislature). 

Nevertheless, integration has proceeded so 
slowly that one would be hard pressed to find a 
single school district (Texas has approximately 
1,100 school districts) that does not continue to 
maintain substantially "one-race" schools. It was 
not until the early 1970s that Mexican Americans 
were even established as a recognizable minority 
group by the Federal courts. 

Bilingual education, while at first only court or- 
dered, is now mandated by statute. Yet, as with 
everything else in Texas education, the success of 
the program has been limited by inadequate fund- 
ing from the State and resistance locally. A recent 
study has indicated that bilingual education in 
Texas receives only one-sixth of the necessary 
funds. 

The number of minority teachers has increased 
during the last few years; however, many heavily 
minority school districts, especially in the rural 
areas, are without minority counselors and few if 
any Mexican American or black teachers. 

The financing of Texas education remains an 
utter disaster area in spite of the great wealth of 
the State and the warnings of the Supreme Court 
in Rodriguez v. San Antonio Independent School 
District. 

Immigration 

Probably the most difficult current civil rights 
questions involve immigration law and policy. 
Poverty and rampant inflation in Mexico have 



driven Mexican nationals into the United States. 
This trend is especially pronounced in the border 
area of Texas. It is difficult to gauge accurately the 
economic effect of this so-called "silent invasion." 
However, the growing concern about "the 
problem" has divided the people of Texas and 
many fear it will lead to a wave of racism. 

The most difficult part of "the problem" lies in 
establishing its scope and effects. For example, not 
even the Immigration and Naturalization Service 
knows how many undocumented aliens live in the 
United States or what effect, if any, their presence 
has on wages, employment, social services, or edu- 
cation. There is no question that the presence of 
undocumented persons has some effect. However, 
recent studies indicate that undocumented persons 
generally take low-paying undesirable jobs and 
thus present little economic competition to 
citizens. Other data suggest that the undocu- 
mented alien seldom uses any social services for 
fear of detection and deportation. Nevertheless, 
the 1975 session of the Texas Legislature acted to 
prohibit free education for undocumented children 
identified by school districts. 

Among Anglo Texans, the word "alien" is as- 
sociated with "Mexican origin or descent." Con- 
sequently, laws such as the "Rodino bill" (a 
proposed Federal prohibition on the hiring of 
aliens by an employer) would single out Mexican 
Americans for special inquiry. Many argue that if 
employers are required to check citizenship, they 
would choose the easier and safer course and not 
hire anyone of Mexican descent. 

Other civil rights problems arise out of INS 
procedures. These include the treatment of un- 
documented persons, searches and seizures, and 
alleged abuse of the discretion which has been 
placed in the hands of immigration officers. 

The Texas Advisory Committee has undertaken 
a project to evaluate the existing data and will 
conduct an investivation to further define the 
problem. 

Unfinished Business 

The Texas Advisory Committee will continue its 
efforts to secure equal rights for all Texans. In vot- 
ing and access to the political process, this in- 
cludes the elimination of malapportioned election 
districts, the introduction of single-member elec- 
tion systems for cities and school boards, and 



188 

more effective enforcement of the Voting Rights 
Act. 

In housing and public accommodations, this in- 
cludes the creation of a State civil rights commis- 
sion, the passage and firm enforcement of open 
housing ordinances in more Texas cities, and the 
encouragement of physical integration through in- 
novative Federal, State, and local programs. 

In education, equal rights include not only in- 
tegration and the advancement of bilingual-bicul- 
tural education, but also increased educational ex- 
penditures to broaden and enrich all Texas school 
children. 

In immigration, there will be a renewed effort to 
understand the dynamics of our relations with 
Mexico and the implications of Mexican immigra- 
tion. 

In employment, women of all races and minority 
men must be ensured an equal opportunity. 

Full equality for women and minority groups 
remains a visible but distant goal in substantially 
all of the traditional civil rights areas. 

Texas Advisory Committee 
Members 

Patrick F. Flores, Chairperson 

Denzer Burke 

Hector P. Garcia 

Eddie B. Johnson 

Olga M. LePere 

Carlos Truan 

Milton I. Tobian 

Earl M. Lewis 

Paula Y. Smith 

Joe J. Bernal 

James C. Calaway 

Velma Roberts 

Carnegie Mims, Jr. 

Ben T. Reyes 

Martha Cotera 

Fumi Sugihara 

Luis A. Velarde, Jr. 

Catherine M. Taylor 

Tony Byars 

Charles A. Wright 

Sharon Macha 

Maria Del R. Castro 

George T. "Mickey" Leland 

William R. Sinkin 

Amulfo Guerra 

Barbara D. Little 



Utah 



189 



According to the U.S. Census Bureau, Utah has 
a total population of 1,059,273 persons, largely 
concentrated in the Standard Metropolitan Statisti- 
cal Area of Salt Lake City, Ogden, and Provo. The 
minority population consists of 6,617 blacks or 0.6 
percent, 40,800 Hispanics or 3.9 percent, 11,273 
American Indians or 1.1 percent, and 5,994 Asian 
Americans or 0.6 percent. Minorities constitute 
6.4 percent of the State's total population. In 1976 
several of the ethnic groups, through their associa- 
tions, made an informal survey and found that the 
census figures underrepresented them. The blacks 
in Utah estimate that a truer figure may be 10,000 
or more for the State. The Korean American As- 
sociation estimates that there are 3,000 or more 
Koreans in Utah. Including the Chinese Amer- 
icans, Japanese Americans, and the Filipino Amer- 
icans, as well as the refugees and displaced per- 
sons from Southeast Asia, the population of Asian 
Americans in Utah is estimated to be more than 
12,000. 

Failure to ratify the ERA, employment dis- 
crimination, housing discrimination, including 
redlining, denial of freedom of choice to women, 
and lack of quality education for minorities are is- 
sues of vital concern in Utah, in the opinion of 
minority group representatives. 

Peculiar to the State is the influence of the 
Church of Jesus Christ of Latter Day Saints, com- 
monly referred to as the Mormon Church, to 
which the majority of whites adhere. While there 
are a number of Asian Americans, Hispanics, and 
American Indians who are converted to the Mor- 
mon Church, few blacks are members. The 
question of the separation between church and 
State, as in other States where the majority of the 
population adheres to a particular religion, is one 
which continues to be discussed in Utah, especially 
because the LDS church has been an influential 
rallying center for civil rights and political issues. 



Civil Rights Developments 

In a 1974 study on credit availability in Utah, 
the Utah Advisory Committee found that women 
had been systematically discriminated against in 
their loan applications for housing or personal 
credit because of their marital status or because 
they might plan to have children. 

Efforts to address the concerns of women by the 
State legislature have resulted in the following 
developments: 

• A joint resolution authorizing the continua- 
tion of a study of statutory sex discrimination. 

• A bill providing occupational disease benefits 
to divorced or widowed men and women who have 
not remarried. 

• A bill deleting sexually discriminatory lan- 
guage relating to curriculum in detention 
schools. 

These and other efforts have been viewed as 
steps forward for women in Utah. To further the 
civil rights cause, the Utah Advisory Committee it- 
self is presently concluding a study on the status 
of minorities and women employed by criminal 
justice agencies in the State. 

While women in general appear to have made 
some substantial gains in civil rights, some minori- 
ties complain of slow progress. Hispanics continue 
to complain of harassment by police officials in 
their communities and of the dearth of Hispanic 
police officers. Blacks voiced their concern in a 
1976 report entitled "Needs Assessment of Blacks 
in Salt Lake City," prepared by the Salt Lake 
Community Mental Health Center. In this report, 
an overwhelming majority of blacks surveyed in- 
dicated that they felt they had not been treated 
fairly by the police and the courts. The report also 
states that few blacks hold political positions in 
Utah. 

Unfinished Business 

Among the civil rights developments mentioned 
above, many problems remain unsolved. The Utah 
Advisory Committee has sought to acquaint 



190 

women and minorities with their rights and to in- 
form them of legal recourses available to them. 
Much has been accomplished in Utah, but much 
also remains to be done to further the goals of 
civil rights. 

Utah Advisory Committee 
Members 

Alberta Henry, Chairperson 
Richard Barbero 
Peggy Eble 
Chizuko Ishimatsu 



191 



Minority Report on Civil Rights in 
the State of Utah 

No report on the status of civil rights in Utah 
would be complete without a report on what has 
been done and what is being done to further civil 
rights in the State. For this reason, we are filing a 
minority report to the U.S. Commission on Civil 
Rights. 

Historically, Utah has performed well in the area 
of civil rights. In 1870 women were granted the 
right to vote in the territory of Utah. This was 50 
years prior to the ratification of the 19th amend- 
ment in 1920, which guaranteed this right to all 
women in the United States. 

In more recent times, citizens of Utah have led 
the Nation in other areas important to the civil 
rights movement. One of these areas is the educa- 
tion of Native Americans. A recent publication by 
Brigham Young University entitled, "For the Inde- 
pendence of the People," describes some of these 
successes. Following are two quotes from this 
publication, which describes the Brigham Young 
University's Indian Education Program and the 
500 Native American students involved. 

Twenty percent of the Indian Students who 
enter BYU as freshmen persist to graduation. 
By contrast, the national graduation average 
of Indians is less than four percent. The 
growth rate of the Indian senior student in- 
dicates that within a year or so the BYU 
figure will be 45 percent or more. This ap- 
proaches the national all-students figure of 53 
percent. 

The University devotes more of its operating 
budget per student to Indian education than 
to any other Undergraduate Program; nearly 
all of the students have a scholarship or grant- 
in-aid, for which they render service to the 
program, whether or not they also receive 
tribal or government support. Indeed, BYU 
budgets more of its own money for Indian 
scholarships than all other United States 
universities and colleges, public and private, 
combined. Brigham Young University in 
Provo, Utah, is setting the example in the area 



of education for Native Americans, which 
other American Universities would do well to 
follow. 

As indicated in the majority report above, most 
of the inhabitants of Utah are members of the 
Church of Jesus Christ of Latter Day Saints 
(Mormon). The LDS church leaders have en- 
couraged all church members to do their part to 
see that the rights of all members of society are 
protected. Following is a quote from an official 
statement by the first Presidency of the Church of 
Jesus Christ of Latter Day Saints dated December 
15, 1969: 

...It follows, therefore, that we believe the 
Negro, as well as those of other races, should 
have his full Constitutional privileges as a 
member of society, and we hope that mem- 
bers of the church everywhere will do their 
part as citizens to see that these rights are 
held inviolate. Each citizen must have equal 
opportunities for protection under the law 
with reference to civil rights. 

The obligation of every LDS member is to see 
that constitutional privileges for all people are held 
inviolate. 

Time and space will not allow an exhaustive 
review of civil rights accomplishments in Utah, but 
a brief list of other factors should prove interest- 
ing. 

The Utah Mother of the Year for 1977 is Mrs. 
Ruby Price. Mrs. Price is a black women from 
Layton, Utah, and mother of six children. 
Mrs. Price was a delegate to the 1976 GOP 
National Convention in Kansas City and has a 
long list of other accomplishments. 

The world headquarters of the Relief Society 
(women's organization) of the Church of 
Jesus Christ of Latter Day Saints is situated in 
Utah. This organization was founded March 
19, 1842, and is said to be the oldest national 
women's organization to continually persist. 

The Utah State Legislature has not ratified the 
ERA but has continued to study statutory sex 
discrimination and has changed many of the 



192 

laws after reviewing them on an individual 
basis. Most members of the State legislature 
feel that this is a more responsible approach 
to the problem of equal rights for women, 
than to pass the ERA and remove all laws 
concerning sex without any examination. 

Much has been done and continues to be done 
in Utah to assure civil rights to all residents. This 
report recognizes that more can be done, but is in- 
tended to recognize the accomplishments of a few 
of those who have worked so hard for civil rights 
in Utah. 

Utah Advisory Committee 
Members: 

W. David Hemingway 
Ted Wilson 



Vermont 



193 



According to the 1970 census, Vermont had a 
total population of 444,330; more than half the 
population was female. Franco Americans made 
up the largest ethnic group, with 42,223 (9.5 per- 
cent) listing French as their first language. In addi- 
tion, there are a large number of English-speaking 
residents of Franco American heritage. 

Other racial and ethnic minority groups are rela- 
tively small. According to the 1970 census, these 
included 761 blacks (0.2 percent) and 2,469 
Hispanics (5.6 percent). Black and Hispanic 
groups are less disadvantaged than in other States, 
a factor which is said to contribute to their rela- 
tively low profile. On the average, blacks earn just 
slightly less than whites. While the median income 
for white families is $8,928, the median income 
for black families is $8,084 and for Hispanic fami- 
lies the median is $10,053. A total of 9.1 percent 
of white families earn less than the Federal pover- 
ty level while 8.6 percent of all black families earn 
at that level or lower. 

More dramatic is the difference in median in- 
come between males and females. The 1970 cen- 
sus shows that the median income for males was 
$5,836 while the median income for females was 
$2,003— a difference of almost $4,000 dollars. 

Although the 1970 census states that there are 
only 229 Indians living in Vermont, a report 
prepared for the Governor in 1976 estimated that 
there may be as many as 1,700 Abenaki descen- 
dants alone, residing primarily in the northern 
counties of the State. Although there are two 
Abenaki reservations in Canada, there is no reser- 
vation in Vermont. 

Civil Rights Developments 

State government has established a number of 
agencies or commissions to serve as advocates for 
minority groups. These commissions include the 
Vermont Human Rights Commission, which was 
established in 1967; the Governor's Commission 
on the Status of Women, 1974; the Governor's 
Commission on Indian Affairs, 1977; the Gover- 



nor's Committee on the Employment of the Han- 
dicapped, 1963; the Governor's Advisory Board to 
the Office of the Aging, 1972; and the Governor's 
Committee on Children and Youth, 1967. 

The jurisdiction and effectiveness of these com- 
missions vary. The Vermont Human Rights Com- 
mission illustrates some of the problems related to 
civil rights in the State. When established in 1967, 
the commission's jurisdiction was limited to dis- 
crimination on the basis of race, color, creed, and 
national origin in public accommodations and 
housing only. In fiscal year 1976 its budget was 
limited to one dollar in operating funds and the sa- 
lary of its executive director was paid by CETA 
funds. At the same time the Commission's office 
was moved from the State office building in Mont- 
pelier (the State capital) to the State mental 
health facility in Waterbury as part of an economy 
campaign. Its executive director was later ter- 
minated. In 1974 a division for civil rights was 
established in the State attorney general's office to 
investigate and prosecute complaints of discrimina- 
tion. Its jurisdiction includes employment, housing, 
and credit discrimination. The division has played 
a key role in prosecuting discrimination com- 
plaints. 

The Vermont Advisory Committee strongly 
urged the State to establish a strong, independent 
human rights commission. Nevertheless, Vermont 
today is the only New England State without a 
separate State human rights agency. 

The Governor's Commission on the Status of 
Women was established by executive order in 
December 1974. Although the commission's role is 
advisory, it has conducted a variety of educational 
programs, actively lobbied for legislation affecting 
women, and advocated other changes in govern- 
ment regulations. For instance, it was successful in 
getting the Vermont Department of Social and 
Rehabilitative Services to waive a 30-day destitu- 
tion requirement for receiving public assistance. 
This waiver is particularly important for battered 
women, who want to leave their husbands but 



194 



have no other source of income. In 1977 the Com- 
mission on the Status of Women established a 
committee on wife abuse to study the issue. 

Several significant laws, particularly in the area 
of women's rights, have been enacted in the past 
5 years. These include the following; 

• Ratification of the Equal Rights Amendment 
in 1973. 

• Passage of a series of fair employment prac- 
tices laws following the model of Title VII of the 
1964 Civil Rights Act. These laws are stronger 
than their Federal counterpart in that they are 
not limited to employers with more than 15 em- 
ployees. 

• A law prohibiting discrimination in credit on 
the basis of sex or marital status. 

• A law prohibiting discrimination on the basis 
of sex in the insurance field. 

• A law changing the evidentiary requirements 
in assault cases. The law covers both heterosex- 
ual and homosexual assaults. 

• A law permitting a woman to be named as 
the legal guardian for a child. In the past, only 
men could be named guardians. 

Franco American Issues 

The problem of arriving at an accurate count of 
Franco Americans is one of the more complex 
civil rights issues in the State. Although Franco 
Americans as a group are gaining a greater sense 
of self-identity, in part as a result of the separatist 
movement in Canada, efforts to identify and count 
persons of Franco American heritage have failed. 
The reasons for this failure include problems of 
terminology in defining Franco Americans, in- 
adequate data collection methods by official 
groups such as the Bureau of the Census, and a 
continuing lack of self-identity, particularly among 
the older Franco Americans. They are poorly or- 
ganized and there are few Franco American 
spokespersons or leaders. 

According to Armand Beliveau, an activist for 
the rights of Franco Americans, many French 
Canadians do not recognize the term "Franco 
American" and object to being labeled as such. 
Mr. Beliveau estimates that as much as 20 percent 
of the State's population is Franco American. 
Some areas, largely along the Canadian border, 
have a Franco American population as high as 80 
percent while other areas have a percentage as low 



as 5 percent. Persons in the civil rights field agree 
that, as a group, Franco Americans are poorer 
than most other groups, live in less adequate hous- 
ing, and are subject to discrimination in a variety 
of areas, although there is insufficient information 
to determine precisely their socioeconomic status. 

The Vermont Human Rights Commission, prior 
to its termination, was unable to determine 
whether Franco Americans were underrepresented 
in State government, owing to the absence of relia- 
ble population and work force statistics. 

The Vermont Advisory Committee's Franco 
American subcommittee developed a project to 
estimate the current Franco American population. 
Using an approved list of French surnames, the 
subcommittee counted such names in the 
telephone books of four selected counties; by com- 
paring that information with 1970 census data on 
French as a first language, the subcommittee 
developed a formula by which the French-sur- 
named population may be estimated. 

American Indians 

Until 1976 there was no permanent State Indian 
affairs agency. However, in 1974 the Abenaki In- 
dians formed the Abenaki Tribal Council of Ver- 
mont to assert tribal claims — based on thousands 
of years of residence in Vermont— to aboriginal 
land and to hunting and fishing rights. In July 
1976 then Governor Thomas P. Salmon hired an 
anthropologist to look into the Abenaki claims. In 
November he issued an executive order recogniz- 
ing the Abenaki Tribal Council as the governing 
body of the tribe and establishing the Governor's 
Commission on Indian Affairs. Two of the com- 
mission's five members were appointed by the 
Abenaki. 

Following criticism by sports groups and other 
persons in the State, Governor Richard A. 
Snelling, who took office in January 1977, 
rescinded Governor Salmon's order and abolished 
the commission. He established a new five-member 
commission, all of whose members are to be ap- 
pointed by the Governor with no requirement for 
Abenaki representation. To date the five commis- 
sioners have not been named. 

Closing the Ethnic Gap 

Because of the low profile and dispersion of 
minorities throughout the State the Vermont Ad- 



195 



visory Committee in 1973 reviewed human rela- 
tions and examined the image of blacks and other 
racial and ethnic groups in the school system. The 
goal was twofold: to strengthen the sense of identi- 
ty of those minorities in the school system, and to 
promote an awareness of the larger multiracial and 
ethnic society in white children who grow up in ra- 
cial and ethnic isolation in Vermont. The Commit- 
tee's 1973 report. Closing the Ethnic Gap, stimu- 
lated action by the State department and the State 
legislature. In 1976 the Advisory Committee held 
daylong conferences in Woodstock and Marshfield 
on racism and sexism in textbooks. 

Unfinished Business 

Women's groups continue to push for legislation 
and funding for many programs. Although the first 
women's shelter, primarily for abused women, in 
Brattleboro received Federal funds for a hot line 
and for counseling, much remains to be done in 
this area. The Vermont Advisory Committee has 
established a subcommittee to study the abuse of 
women. 

These groups are also advocating an equaliza- 
tion of divorce laws including provisions to assure 
that property decisions are made on the basis of 
need and to provide children with attorneys in 
cases where custody is disputed. According to 
feminist leaders, employment discrimination is still 
the main concern for women in Vermont. 

A number of problems including high unemploy- 
ment rates, a low level of education, alcoholism, 
and other health problems are faced by the 
Abenaki Indians in Vermont. Recently, the Ad- 
visory Committee received allegations of dis- 
crimination on the part of police in the border 
town of Swanton. At the same time, there is 
mounting opposition to the Indians' demand for 
free hunting and fishing licenses, and questions 
remain about the validity of the Abenaki land 
claims. These issues must be resolved. 

Although the civil rights unit in the attorney 
general's office is performing a useful function, 
Vermont needs a human rights commission with a 
broad mandate to carry out educational programs 
and enforcement activities on a wide range of civil 
rights issues. Adequate data must be collected on 
the population of French heritage. Only through 
the analysis of such data can it be determined 
whether Franco Americans today are a disad- 



vantaged segment of the population. The 1980 
census, as well as the forms used for recording 
births and deaths, should be adjusted so as to 
record adequate data on Franco Americans. 

In those sections of the State where French- 
speaking residents are concentrated, there is a 
need to extend bilingual education programs. Title 
VII of the Federal Elementary and Secondary Edu- 
cation provides funds to school districts for such 
purposes. 

Vermont Advisory Committee 
Members 

William Kemsley, Chairperson 

Louvenia D. Bright 

Louis A. Caswell 

Thomas Geno 

Gloria Gil 

Emma G. Harwood 

Elizabeth B. Holton 

Nicodemus McColium, Jr. 

Charles Nichols 

Sidney Rosen 

Mary Just Skinner 

Rodger Summers 

Louise Swainback 

Susan Howard Webb 

Joan Webster 

A. Peter Woolfson 



196 



Virginia 



The State of Virginia had a population of 
4,648,494 persons in 1970. There were 3,765,466 
whites, 859,919 blacks, 40,222 Hispanics, 6,904 
Filipinos, 4,829 American Indians, 3,457 Japanese, 
2,303 Chinese, 1,805 Koreans, and 3,170 persons 
of other races. 

Of the persons of Hispanic origin, there were 
5,953 Mexican Americans, 4,098 Puerto Ricans, 
3,991 Cubans, and 26,180 other persons from 
Spanish-speaking countries. The largest concentra- 
tions of Hispanics are in the Norfolk-Portsmouth 
and Richmond areas. 

Minorities are unevenly distributed throughout 
the State's 96 counties. While Hispanics are found 
principally in a half dozen counties, blacks 
represent more than a quarter of the population in 
25 counties, mostly in the eastern part of the 
State. 

In 1975 Virginia ranked 43d in a study of the 
quality of life in each State which measured edu- 
cation, economic conditions, environment, health 
and welfare, living conditions, and political and so- 
cial conditions. 

Civil Rights Developments 
Employment 

The State's population, which until a few 
decades ago was principally agricultural, is now 
largely urban. Nearly 70 percent of Virginia's total 
population is found in eight Standard Metropolitan 
Statistical Areas. 

The Federal Government is one of Virginia's 
most important employers. In 1973 Federal 
civilian employment in Virginia averaged 154,000 
persons and military personnel about 146,000. 
This does not include approximately 45,000 to 
50,000 Federal employees who live in Virginia but 
commute to work in the Washington, D.C., area. 

In 1972 Virginia had a per capita income of 
$4,298. This represented an increase in per capita 
income and was due to a shift from agricultural to 
industrial jobs, a growth in Federal jobs, and 
unemployment rates lower than the national 



average. While the median income of all males 
was $5,716, it was only $2,41 1 for females. Wages 
for women have been consistantly lower than for 
men in all occupations. 

Virginia's female work force is concentrated in 
clerical jobs, followed by service occupations 
(such as private household employees), and food 
and health service. Women constitute two-thirds of 
all banking employees but represent only 10 per- 
cent of the employees in nonclerical positions. 

At least one half of all the traditionally male 
jobs held by women in the State are in Northern 
Virginia, where female workers receive better sala- 
ries than those paid in other parts of the State. 

The Virginia Commission on the Status of 
Women found that women who work for the State 
of Virginia are likely to be underutilized, 
overqualified, and paid less than men. Although 
three-quarters of the women employed by five 
State agencies surveyed had completed schooling 
beyond high school, half held office and clerical 
positions. Over 60 percent of those in clerical jobs 
had attended college. 

In its study of the judicial selection process in 
Virginia in 1974, the Virginia Advisory Committee 
learned that there are no women and few blacks 
as judges. There is only one black judge of a court 
of record. The Advisory Committee recommended 
that the Governor and the General Assembly give 
high priority to the nomination and appointment 
of black and women judges. 

Women's Rights 

In 1970 the State of Virginia adopted a new 
constitution that was amended in 1971 to prohibit 
discrimination on the basis of sex. Since that time 
sexist wording has been removed from various 
State statutes, but little more has been done to en- 
force the prohibition. On January 27, 1977, a 
proposal to ratify the Equal Rights Amendment 
failed for the fifth time in the Virginia General As- 
sembly. 

In the past year the Virginia Advisory Commit- 
tee to the U.S. Commission on Civil Rights has 



197 



been engaged in a study of the status of the civil 
rights of women in Virginia. The Advisory Com- 
mittee has examined all employment discrimina- 
tion claims filed with the Equal Employment Op- 
portunity Commission between 1972 through April 
1976 by Virginia women. The number of claims 
based on sex discrimination has increased substan- 
tially in recent years, coming from all sections of 
the State and involving both small and large em- 
ployers. 

Voting Rights and Poiiticaf 
Participation 

The Virginia State Senate got its first black 
member since Reconstruction when Richmond's 
black voters gave their support to Lawrence 
Douglas Wilder in 1969. In the March 1977 elec- 
tion, blacks cast more than 40 percent of the vote 
in Richmond, where they make up half the popula- 
tion. Richmond now has its first black mayor, 
Henry L. Marsh III. In the same election, five 
blacks were elected to Richmond's nine-member 
city council, creating a black majority in the coun- 
cil for the first time. 

In recent years blacks and women have in- 
creased their numbers among State, county, and 
municipal elected offices. As of April 1, 1974, Vir- 
ginia had no blacks in the U.S. Congress, 2 in the 
Virginia General Assembly, 21 in elected county 
offices, and 40 in elected municipal offices. All 
those elected have been from counties in which at 
least 25 percent of the population is black. A sig- 
nificant problem in achieving fair representation 
for blacks at the local level has resulted from an- 
nexations in Richmond and Petersburg. The an- 
nexations resulted in litigation which reached the 
Supreme Court. After its decision, the number of 
blacks in city government increased and a majority 
of blacks won city council seats. 

Women holding public office in 1974 included 1 
woman as a State executive official, none as mem- 
bers of the State senate, 6 in the State house, 9 in 
county offices, 6 as mayors. 111 as members of 
city councils, none as State judges, and 222 as 
members of State boards and commissions. 
Women in county and local government serve in 
predominantly small districts. 

Virginia has one of the lowest percentages of 
voter registration in the United States. In January 
1972 approximately 54 percent of eligible black 



voters and 61 percent of eligible white voters were 
registered. Virginia is also one of the six States 
specifically covered in the 1965 Voting Rights 
Act, which requires that any voting qualifications, 
prerequisites to voting, or voting standards, prac- 
tices, or procedures be submitted to the United 
States Attorney General or the United States Dis- 
trict Court for the District of Columbia for deter- 
mination that the change is not discriminatory in 
purpose or effect. 

School Desegregation 

Public school desegregation has been generally 
accepted as a fact of life in Virginia. Segregation 
in institutions of higher education, however, has 
yet to be dislodged. Of the 92,500 students en- 
rolled in the State colleges in Virginia, about 
15,700, or 17 percent, are black (compared to 18 
percent of the total State population). The majori- 
ty of black college students (10,590), however, are 
enrolled at the State's two predominantly black 
colleges, Norfolk State in Norfolk and Virginia 
State in Petersburg. Of the 10,500 undergraduates 
at the University of Virginia, about 500, or less 
than 5 percent, are black. Norfolk State has an en- 
rollment of 6,500 blacks and about 200 whites, 
while Virginia State has 4,100 blacks and 175 
whites in its student body. Recently the U.S. De- 
partment of Health, Education, and Welfare issued 
new guidelines to Virginia and several other States 
for desegregating their State-funded colleges. 

According to the Virginia Commission for Chil- 
dren and Youth, many migrant children in Virginia 
do not attend school although there are migrant 
education programs. The 1974 school census con- 
ducted by the Virginia Department of Education 
found that almost 3 percent of children in Virginia 
between the ages of 6 and 17 years (33,296) did 
not attend school during the 1973-74 school year, 
not counting the unknown number of migrant chil- 
dren out of school. The 1970 census reported that 
1,892 Virginians aged 16 through 18 had never 
completed a single year of school. In 1973-74, ac- 
cording to the Virginia State Department of Edu- 
cation, a total of 21,025 children (5.2 percent of 
total enrollment) were dropouts. Achievement, 
behavior, financial problems, and health problems 
were cited as reasons for dropping out. 

Minority children represent a disproportionate 
share of dropouts. Unfair discipline, which seems 



198 



to have fallen harder upon blacks attending 
desegregated schools, has helped to push out many 
minority students. 

Social Services 

In 1974 almost twice as many black infants as 
white infants under 1 year of age died in Virginia. 
Contributing to this high rate is the lack of 
adequate prenatal care, lack of good nutrition, and 
poor housing conditions. Although many State- 
provided services are federally-funded and prohibit 
discrimination on the basis of race, sex, color, 
creed, national origin, or religion. Federal funds 
have generally been used for capital improvements 
rather than for increasing social services. If more 
use were made of Federal money to alleviate some 
of the problems caused by past discrimination, the 
health and educational opportunities of minority 
children might well improve. 

Unfinished Business 

Some localities have taken the initiative in trying 
to improve the quality of life and furthering the 
civil rights of blacks and other minorities and 
women. Several communities have created official 
human relations commissions — Richmond, Peter- 
sburg, and Alexandria. Numerous women's rights 
and civil rights groups are active in the State in- 
cluding the National Organization for Women, the 
Virginia Equal Rights Amendment Ratification 
Council, the American Civil Liberties Union, and 
the National Association for the Advancement of 
Colored People. 

Part of the problem in eliminating racism and 
sexism in Virginia, however, is the difficulty of 
coordinating the efforts of civil rights groups state- 
wide. Virginia does not have a State human rela- 
tions commission to help give direction to the 
development and enforcement of civil rights 
legislation. 

There are a number of planning districts 
throughout Virginia that have an interest in im- 
proving housing conditions, but there is no 
uniform approach or plan for providing adequate 
housing for low- and moderate-income families. 
The Central Virginia Planning District Commission 
recently reported that in its jurisdiction the 
number of vacant houses available between 1960 
and 1970 decreased in relation to the number of 
families; the average cost of a house rose 30 per- 



cent between 1960 and 1970; inflation is adding 
10 percent to the cost each year; mobile homes 
and apartments made up more than half of the 
housing growth between I960 and 1970; only 20 
percent of the families could afford to buy a 
$28,000 home in 1973; and one-fifth of all housing 
units are in poor condition. 

Similar problems exist throughout the State. 
Decent housing for all can be achieved, with 
assistance from the U.S. Department of Housing 
and Urban Development, if all the interested 
groups work together. Organizations interested in 
improving the quality of life in Virginia have the 
same goals and aspirations as groups interested in 
civil rights. Unfortunately, these groups have failed 
to cooperate. The major problem at the moment 
is that they are not working together on their mu- 
tual concerns. The Virginia Advisory Committee 
hopes to be of help in stimulating cooperation. 

Virginia Advisory Committee 
Members 

Ruth Harvey Charity, Chairperson 

O. Oliver Adkins 

Virginia D. Bourne 

Joan W. Brackett 

Joan C. Caplinger 

Leonardo A. Chappelle 

Cesar DeLeon 

Curtis W. Harris 

Maya Hasegawa 

Elise B. Heinz 

Anna L. Lawson 

Calvin M. Miller 

William B. Muse 

George C. Rawlins, Jr. 

Ricardo Villalobos 



Washington 



199 



In 1970 blacks were the most populous minority 
group in the State of Washington. In 1976, how- 
ever, Hispanic people became the predominant 
minority with a population of 89,300 (2.5 percent 
of the State's total population) compared to 
86,800 blacks (2.4 percent). The 1970 census also 
recorded 33,386 American Indians in the State. 
Out of a total population of 3,571,599 in 1976, 
291,700 (8.9 percent) were minorities. 

As part of the Viet Nam Settlement Act, 4,500 
Indochinese were resettled in Washington. Chief 
Jonashilinshan, leader of the Samoan community, 
informed the Northwestern Regional Office of the 
U.S. Commission on Civil Rights that the Samoan 
population in Washington has reached 1 ,500 per- 
sons. These persons, are living in the Seattle- 
Tacoma area of the State. 

In Washington 10.2 percent of the population is 
classified as below the poverty level. The propor- 
tion of blacks below the poverty level is 21.3 per- 
cent; American Indians, 31.5 percent; Hispanics, 
22.1 percent; Japanese Americans, 10.0 percent; 
Chinese Americans, 10.3 percent; and whites, 9.7 
percent. In 1972 voters approved an equal rights 
amendment to the State constitution, and in 1973 
the State ratified the Federal Equal Rights Amend- 
ment. The 1972 legislature also enacted a commu- 
nity property measure that equalized management 
powers between spouses. In 1973 the legislature 
expanded its law against discrimination by adding 
sex and marital status to the list of areas in which 
discrimination had been prohibited. This made it 
illegal to discriminate in employment, real estate, 
insurance, and credit. Since then disability, age, 
and sexual preference have been added. In 1977 
the legislature established the Washington State 
Women's Council. 

Civil Rights Developments 
Housing 

The condition and availability of housing is a 
major concern of minorities, women, female heads 
of households, and the elderly. In fiscal year 1977, 



the Department of Housing and Urban Develop- 
ment (HUD) allocated $9,996,000 to low-income 
housing in Washington's metropolitan areas. In 
nonmetropolitan areas, HUD allocated $4,915,000 
of which $1,505,000 was earmarked for Indian 
housing. However, progress in ameliorating hous- 
ing problems has been hampered by the depression 
in the housing industry and the increased cost of 
home ownership. 

A major concern, particularly in regard to the 
acquisition of housing, is the allegation of redlining 
practices on the part of lending institutions. There 
have been a number of studies on redlining in the 
Seattle area which show that redlining occurs on 
a geographic and a racial basis in combination 
with disinvestment, thus leading to the deteriora- 
tion of minority neighborhoods. 

Employment 

The Washington Advisory Committee to the 
U.S. Commission on Civil Rights has been in- 
volved in efforts to alleviate employment dis- 
crimination in the State. In response to complaints 
from minorities in Tacoma and Pierce County, the 
Advisory Committee in 1971 held an informal 
hearing and issued a report. Equal Employment 
Opportunity in the Governments of the City of 
Tacoma and County of Pierce, Washington. 

Although city and county governments were ex- 
cluded from Federal enforcement at the time of 
the hearing, the Washington Advisory Committee 
felt that local governments should provide leader- 
ship in fair and equal hiring practices. Tacoma 
claimed difficulty in hiring minorities because of a 
strong municipal union and a tough civil service 
merit system. 

Current data, however, show some improvement 
in minority employment in the past few years: 
• In July 1971 Pierce County had 1,017 em- 
ployees of whom 40, or 3.9 percent, were 
minorities. According to the 1970 census, the 
county's total minority population was over 8 
percent. In June 1977 the county had 1,128 em- 
ployees of whom 73, or 6.5 percent, were from 
minority groups. 



200 



• Of 38 county offices and departments in July 
1971, 29 had no minorities, but by June 1977, 
only 15 offices and departments had no minority 
employees. The county had only one minority 
employee in a supervisory position in 1971, and 
by 1976 the county reported six minority super- 
visors. 

• Tacoma in 1971 had 2,515 city employees of 
whom 51, or 2 percent, were minorites. Figures 
for 1969 estimated that nearly 14 percent of the 
city's population was minority. Of the city's 
2,467 employees in 1976, 251, or roughly 10 
percent, were from minority groups. The various 
city departments employed a total of 2,034 per- 
sons in 1976, of whom 8.06 percent were 
minority persons. 

According to a study conducted by the Office of 
Affirmative Action for Women, University of 
Washington, entitled Comparable Worth: Equal Pay 
for Equal Worth, the major salary problem in sex 
discrimination lies in the area of responsibility 
where women are underpaid for carrying the same 
responsibilities as men. Thus, the study determined 
that the issue was equal pay for equal responsibili- 
ties, even where job titles differ. 

The 1974-75 recession exacerbated existing em- 
ployment problems for minorities and women. 
Minority persons held 5.5 percent of the jobs in 
the State of Washington but represented 8 percent 
of the unemployed. The unemployment rate for all 
minority categories was 13.3 percent in contrast to 
9.5 percent for the white majority. The unemploy- 
ment rate for females was 10.5 percent. 

From 1970 to 1975 the rates of unemployment 
for Hispanics consistently ranged 4 to 5 percent- 
age points higher than those for all races. Blacks 
ranged 3 to 4 percentage points higher. 

Hispanics are underrepresented in the profes- 
sional, technical, and managerial classifications. 
Blacks and other minorities are heavily employed 
in the labor, operative, and service occupations. 
Almost all Washington farmworkers are Hispanic. 
More than 50 percent of working women are em- 
ployed in the clerical and service fields, while a 
few working women are found in the craft, labor, 
and manager occupations. Large numbers of 
women are employed in professional occupations; 
however, a large portion of this number is ac- 
counted for by the dominance of women in educa- 
tion and nursing, traditional fields for women. 



Education 

Desegregation is the primary focus of the civil 
rights effort for the State's elementary and secon- 
dary public schools. Seattle public schools have 
adopted both the magnet school program and a 
voluntary racial transfer program. Both white and 
minority students have participated in these ef- 
forts, and the result has been a substantial reduc- 
tion in segregation in 14 of the district's 27 ra- 
cially imbalanced schools. 

A report on the Tacoma school district prepared 
by the Western Regional Office of the U.S. Com- 
mission on Civil Rights indicated that all schools 
had been desegregated in accordance with State 
and Federal guidelines by 1971. Not only was the 
desegregation effort successful, but it also 
managed to avoid the kind of alienating conflict 
that often accompanies desegregation efforts. 
There were several reasons for this. The process 
was conducted slowly and in sequential steps. 
Door-to-door visits by teachers and counselors 
familiarized hundreds of parents with the 
desegregation goals and the process for accom- 
plishing them. Selective participation of parents 
and community was encouraged in the planning 
stages. Schools that had to be closed to effect 
desegregation were reopened as learning centers, 
community centers, or special program centers 
which had citywide attraction for students. 

In other areas of civil rights, the Sunnyside 
School District in 1975 and the Wapato School 
District in 1976 were found to be in noncom- 
pliance with Title I by the Office for Civil Rights, 
U.S. Department of Health, Education, and Wel- 
fare. As yet there is no bilingual-bicultural pro- 
gram in either district. 

Minority student participation in State institu- 
tions of higher learning has increased since the 
1960s. In the fall of 1974, minority student enroll- 
ment was 18,165 out of a total student population 
of 237,128. The 7.6 percent of minority participa- 
tion in student population compares favorably with 
the 8.9 percent of the total State population. 

The University of Washington has the State's 
largest student population. In 1968, out of a total 
student population of 31,000, there were 1,000 
minority students, predominantly Asian. Currently, 
minority students number 4,300 or 12 percent, of 
the students enrolled. A complaint of racial dis- 
crimination in employment against the University 



201 



of Washington was filed with HEW's Office for 
Civil Rights and led to the first investigation of the 
university. It was also the first attempt by the 
university to develop an affirmative action plan. 
Since then the University of Washington has met 
overall goals in minority and female faculty hiring. 
The composition of the faculty stands at 6 percent 
minority. However, problems still remain in the 
areas of retention of faculty (particularly minority 
faculty), placement in tenure track positions, and 
inequities in salary. Females have not achieved the 
same promotional advantages as minority males. 
Under supervision of university staff, 184 women 
are targeted for upgrading in the next 10 years. 

The DeFunis case emanated from minority en- 
rollment practices at the University of Washington. 
Although the U.S. Supreme Court declined to 
review the case on its merits, the decision handed 
down by the Washington State Supreme Court 
placed affirmative action programs on a firm legal 
basis in the State of Washington. 

American Indians 

The fundamental civil rights issue for American 
Indians is their unique status of entitlement 
stemming from treaty relationships with the U.S. 
Government. Washington is ranked 7th in the 50 
States in its population of federally-recognized 
American Indians and 10th in proportion of Amer- 
ican Indian population to total population. There 
are 36 federally-recognized tribes within the State, 
ranging in size from several hundred to more than 
6,000 members. Of 33,386 American Indians 
recorded by the 1970 census, 15,845 reside on 
reservations or receive services from Federal Indi- 
an area offices or their subdivisions. Washington is 
one of the few States in the Union with a large 
urban Indian population. 

On February 12, 1974, a U.S. district court 
judge handed down a decision on American Indian 
fishing rights (U.S. v. State of Washington). There 
are four salient points in this decison. First, neither 
American Indians nor non-Indians are entitled to 
destroy the salmon and steelhead runs (i.e., 
enough spawning salmon must be left over to 
maintain the run). The State has the responsibility 
to regulate American Indian fishing in a nondis- 
criminatory manner. Second, the decision declares 
that non-Indians have no fishing rights on reserva- 
tions. Third, American Indians have special rights 



to catch fish for ceremonial and subsistence pur- 
poses. Fourth, after American Indians have 
secured these portions of the harvestable salmon, 
the remainder is to be divided by a formula of 
equal sharing, 50-50, with all non-Indians, whether 
commercial or sport fishers. In response to that 
decision, the Northwest Indian Fisheries Commis- 
sion was established to represent American Indians 
and to provide for managerial participation by 
American Indians in decisions affecting fish 
resources. 

Unfinished Business 

In a report of the Washington Advisory Commit- 
tee in February 1974, 13,126 Indian children were 
identified as enrolled in Washington public schools 
in October 1972. Nearly half of these (6,244 Indi- 
an children under BIA trust responsibility), at- 
tended public schools in Washington because there 
were no Federal Indian schools in the State. In ad- 
dition, the BIA reported that in 1972, 419 Indian 
children from Washington tribes attended Federal 
schools in Oregon and elsewhere. At that time, 
only half of the student population received John- 
son-O'Malley funds. Subsequently, the Governor 
and superintendent of schools appointed a state- 
wide Indian Education Task Force. As a result, 
there has been increased participation by Indian 
parents. 

The Advisory Committee report also showed 
that in March 1973, American Indian students 
were not receiving equal educational opportuni- 
ties, either as citizens of the State or as recipients 
of treaty agreements. High dropout rates were at- 
tributed to unequal distribution of funds, lack of 
parental involvement, and inadequate teacher 
training. 

On the other hand, there is evidence that Amer- 
ican Indian student achievement can be substan- 
tially improved. The Taholah School (Quinalt 
Reservation) was governed by American Indians 
and used traditional methods to educate the chil- 
dren. The result was a decrease in dropout rate 
and an increase in scholastic motivation. Equally 
effective was the Seattle public schools' American 
Indian Heritage Program, which originated in the 
American Indian community. It succeeded in 
lowering the dropout rate of American Indian chil- 
dren by focusing on American Indian students as 
special segments of the school population. 



202 

Enforcement of fair housing practices has been 
promoted by HUD and the Washington State 
Board Against Discrimination. In 1977 both the 
Seattle and Tacoma housing authorities were 
found in noncompliance of Title VI by the Region 
X office of the Department of Housing and Urban 
Development. The Seattle Housing Authority 
rectified its program. However, the Tacoma Hous- 
ing Authority is still in the process of formulating 
a plan to comply with HUD's equal opportunity 
guidelines. HUD processed 66 complaints under 
Title VIII in the year July 1, 1976, to June 30, 
1977, while the Washington State Board Against 
Discrimination received 157 real estate transaction 
complaints and 44 credit transaction complaints in 
1976. 

Of great concern is the primary and secondary 
education curriculum for minorities and women. 
For women and minorities to gain job placement 
in areas in which they are traditionally under- 
represented, they must have greater skill in mathe- 
matics and this skill has to be developed before 
entering universities or colleges. Thus, the end of 
discriminatory practices at the adult level is con- 
tingent upon the incorporation of mathematical 
training into the curriculum programs for minority 
and female children. 

Washington Advisory Committee 
IVIembers 

Carl Maxey, Chairperson 

Alice Thwing 

Kenneth A. MacDonald 

Katharine M. Bullitt 

Winifred Duncan 

Suzy Erlich 

Ken Fisher 

Lois E. Fleming Hayasaka 

Joseph L. McGavick 

Thomas Sandoval 

Theresa A. Shepro 



West Virginia 



203 



The State of West Virginia had a population of 
1,744,237, according to the 1970 census. Of that 
total, 70,757 or 4.1 percent were minorities: 
67,342 blacks, 751 American Indians, 368 
Japanese Americans, 373 Chinese Americans, 722 
Filipinos, and 1,201 Hispanics and others. The 
median family income was $7,414; 17 percent 
lived on incomes below $3,000 and 10 percent on 
incomes exceeding $15,000. 

The State's economy is based mainly on coal 
mining; chemical and metal industries; stone, clay, 
and glass production; finance; insurance; real 
estate; and agriculture. 

Less than 4 percent of West Virginia's popula- 
tion is black, probably because the State never 
developed a plantation economy or a cotton cul- 
ture. Indeed, some counties have fewer than 10 
black residents. The State has an impressive legal 
framework for the protection of civil rights. Gains 
have been made, but discrimination has taken on 
more subtle forms and still pervades employment, 
housing, education, and the administration of 
justice. 

Civil Rights Developments 
Agencies, Organizations, and Laws 

The West Virginia Human Rights Commission 
was created by the State legislature in 1961. 
Although 14 local commissions were formed 
within 2 years, that number quickly diminished to 
only a few active bodies. Some were inactive 
because they perceived no civil rights problems; 
other were hamstrung from their inception by 
local leaders interested in maintaining the status 
quo. 

The State commission's original mandate was to 
encourage mutual understanding and respect 
among all racial, religious, and ethnic groups 
within the State and to eliminate discrimination in 
employment and public accommodations. Sub- 
sequent amendments have given it power to issue 
subpenas and to fine violators in housing cases. 



Among the private organizations in the struggle 
for human rights is the National Association for 
the Advancement of Colored People (12 chapters 
in West Virginia), the American Civil Liberties 
Union, and the League of Women Voters. Notable 
among local civil rights groups was the Parker- 
sburg Brotherhood dating back to the 1940s, 
which provided important channels of communica- 
tion between blacks and whites. Also, in the early 
civil rights years the Kanawha Valley Council of 
Human Rights brought black homeseekers into 
contact with willing sellers and renters in previ- 
ously segregated areas. The Mercer County Coun- 
cil of Human Relations was organized in response 
to the first public demonstrations against patterns 
of community segregation and included citizens 
from Mercer County, West Virginia, and Tazewell, 
Virginia. This council eventually affiliated with the 
Southern Regional Council, one of the leading 
forces for civil rights progress in the South. 
Primarily an educational and discussion group, it, 
too, bolstered communications between blacks and 
whites. 

At the Federal level, the West Virginia Advisory 
Committee to the U.S. Commission on Civil Rights 
has been instrumental in monitoring and in- 
vestigating civil rights issues within the State and 
recommending solutions to the problems it studies. 
Its strength lies in identifying civil rights problems 
and being a Federal presence with a local con- 
stituency. 

The State has expanded its definition of groups 
whose civil rights are threatened to include the 
aging, handicapped, women, mental patients, and 
juveniles. The West Virginia Commission on the 
Aging was created in 1964 to study the problems 
of senior citizens and to issue recommendations to 
the Governor and legislature on a variety of sub- 
jects ranging from institutional care to employ- 
ment. 

The Committee on the Employment of the Han- 
dicapped was created by executive order in 1968 
to advance rehabilitation and employment for all 



204 



physically, mentally, and emotionally handicapped 
citizens of the State. 

West Virginia was among the first States to pass 
the Equal Rights Amendment, and in 1977 the 
legislature established a commission on women. 
The State has an "equal pay for equal work" 
statute, liberalized and no-fault divorce laws, and 
a revised criminal code which bans the use of a 
women's sexual history as admissable evidence in 
rape cases. 

Mental health laws assure patients of specific 
hearing processes at the time of confinement and 
guarantee regular reviews of their cases. 

The privately funded Appalachian Research and 
Defense Fund provides a legal counseling system 
for this group, as well as others, to ensure access 
to legal counsel should their rights be impaired. 

The State has recently increased penalties for 
child abuse and modified certain kinds of punish- 
ment for juvenile offenses. Juveniles are no longer 
jailed for possession of marijuana, but are issued 
strong warnings on first arrest. If the offense is not 
repeated, juveniles have no police record to follow 
them into adulthood. 

West Virginia also abolished capital punishment 
in the mid-1960s. Revision in the State judicial 
system has curtailed the justice of the peace 
system and replaced it with a system of salaried 
magistrates. 

Employment 

There have been gains in employment opportu- 
nity, but the NAACP has brought and has pending 
many cases of employment bias. In addition to suf- 
fering from employment discrimination, blacks and 
women have the highest jobless rates in the State. 
A February 1977 report indicated unemployment 
rates of 14 percent for blacks and 1 1.2 percent for 
women. The overall State unemployment rate then 
stood at 10.4 percent. Black males have a 12.9 
percent jobless rate contrasted to 15.3 percent for 
black women. 

Of 231,150 women in the labor force, 25,920 
were jobless. The proportion of working women in 
rural areas is 15 to 20 percent below the national 
average. According to some observers, the status 
of women in this State has not changed in 30 
years. 

Women represent less than 1 percent of the 
total number of coal miners. Even the service jobs 



traditionally held by women are not increasing as 
fast as the population and the salaries remain 
generally lower. 

Housing 

Housing, which is a problem across the State, is 
particularly severe for low-income minorities who 
are priced out of most good housing and suffer as 
well from discrimination. A current case before 
the West Virginia Supreme Court will determine 
whether or not the West Virginia Human Rights 
Commission can make monetary awards in cases 
of housing discrimination. Recently, the West Vir- 
ginia Advisory Committee turned its attention to 
Huntington, where use of Federal community 
development block grant funds is under investiga- 
tion. It has been alleged that insufficient funds 
have been allocated for the rehabilitation of black 
housing and that redlining has occurred. 

Public Schools 

As in all of the Border States, school desegrega- 
tion moved slowly in West Virginia. There was no 
official opposition to Brown v. Board of Education 
and desegregation of public schools began in 1955. 
Freedom of choice plans and school consolidation 
were used initially to achieve integration. By the 
late 1960s, all high schools and junior high schools 
were desegregated but elementary school 
desegregation has progressed at a slower pace. 
There are now approximately 17,000 minority stu- 
dents out of a total State school population of ap- 
proximately 400,000. 

When schools were consolidated for integration, 
some black administrators and teachers were 
demoted or dismissed. In 1964-65, for example, 
there were 60 black principals in West Virginia 
schools. By 1972 that number had dwindled to 22. 
When black supervisors retired, they were 
generally replaced by whites. 

A West Virginia Advisory Committee report on 
Raleigh County (undertaken in connection with a 
national study by the U.S. Commission on Civil 
Rights) cited the need for more black teachers and 
administrators, urged expanded human relations 
training for teachers, and observed that hostile at- 
titudes on the part of white teachers have in part 
contributed to discipline problems among black 
students. Chief among the concerns of black 
parents is the quality of their children's education. 



205 



Racial tension has grown out of the feeling that 
black students get a "raw deal" in the classroom 
and in discipline. 

The Advisory Committee also monitored the 
Kanawha County textbook controversy in 1974 in 
which a citizens' committee contended public 
school textbooks were irreligious and unpatriotic. 
The Advisory Committee's investigation pin- 
pointed an undercurrent of racial prejudice in the 
emotional controversy which resulted in picketing 
and violence on numerous occasions. The Com- 
mittee supported the county board of education's 
decision to retain the controversial textbooks, 
reasoning that the school children of Kanawha 
County need to learn about other racial and ethnic 
groups, and also condemned the acts of violence 
accompanying the controversy. 

Administration of Justice 

The Advisory Committee is concerned with the 
exclusion of women and minorities from law en- 
forcement positions and occasional allegations of 
excessive use of force by police against minorities. 
Charges of harassment of racially mixed couples 
are still brought to the attention of human rights 
agencies and the NAACP. 

Non-job-related regulations and physical 
requirements remain as barriers to the employ- 
ment of minorities and women as law enforcement 
officers in the State. Job discrimination cases con- 
tinue to challenge biased hiring policies. 

An Advisory Committee informal hearing in 
1974 focused attention on the treatment of in- 
mates at the Federal Reformatory for Women at 
Alderson. 

Unfinished Business 

Critics of the status of civil rights in West Vir- 
ginia point to institutionalized racism as the State's 
biggest problem. It is manifested in the sporadic 
instances of discrimination in public accommoda- 
tions that continue to persist. 

The earliest civil rights battles centered on ser- 
vice in such public accommodations as hotels, 
restaurants, parks, and recreational facilities. 
Blacks in West Virginia picketed, demonstrated, 
and conducted sit-ins to gain access to these facili- 
ties. The battle has still not been won. 

While some progress has been made by minori- 
ties, much remains to be done, despite different 



perceptions of the problems. There are some 
blacks who view past governmental efforts in civil 
rights as having been manipulative and largely 
symbolic. At the same time, some whites believe 
that enough (if not too much) has been done and 
that civil rights problems no longer exist. To most 
observers, work remains in the areas of education, 
employment, housing, police-community relations, 
and political participation. The West Virginia Ad- 
visory Committee intends to continue its work in 
these areas. 

West Virginia Advisory 
Committee Members 

James B. Mclntyre, Chairperson 

Ancella R. Bickley 

Charles V. Brock 

Cora L. Floyd 

Harold A. Gibbard 

Sarah E. Goines 

Betty A. Hamilton 

Most Rev. Joseph Hodges 

Delbert J. Horstemeyer 

Pauline F. Huffman 

Anne P. Jones 

Paul J. Kaufman 

Howard D. Kenney 

Margaret C. Mills 

Donald L. Pitts 

Charlene C. Pryor 

Salley K. Richardson 

Paul D. Stewart 

Fred Wintercamp 



206 



Wisconsin 



When one speaks of the State of Wisconsin the 
words "Green Bay Packers" and "Wisconsin 
cheese" come to mind. Wisconsin is noted for its 
dairy products, although there is a substantial 
amount of industry. It is also recognized for its 
vast number of lakes and forests, heavily concen- 
trated in the northern part of the State. It is the 
16th-largest State in the Union with a total popula- 
tion of 4,417,731. The population in the State in- 
creased 12 percent between 1960 and 1970. The 
current minority population is 155,787. Women 
are 52.1 percent of the State's population. 

Approximately 30 percent of the population 
resides in the suburban areas and 27 percent in 
the central cities. As in many cities throughout the 
Nation, minorities account for an increasing pro- 
portion of central city population in Wisconsin. 
The five largest cities and their populations are: 
Milwaukee (717,099); Madison (173,258); Racine 
(95,162); Green Bay (87,809); and Kenosha 
(78,805). Milwaukee, which is the most industrial- 
ized city, and Madison, which is the State capital, 
are the two major cities in Wisconsin. 

Milwaukee is noted mostly for the amount of 
beer it produces. The total population of Milwau- 
kee County in April 1970 was 1,054,063, includ- 
ing 940,938 whites (87.6 percent), 106,012 blacks 
(10.1 percent), 21,906 Hispanics (2.1 percent), 
and 6,639 of other nationalities. 

Madison has an unemployment rate of approxi- 
mately 5.6 percent. More than 30 percent of those 
employed work for Federal, State, and local 
governmental units. 

Civil Rights Developments 
Education 

Most minority students are enrolled in school 
systems in Milwaukee, Madison, and Racine. Both 
Racine and Milwaukee school systems have 
developed desegregation plans. The U.S. district 
court ruled that Milwaukee had maintained a ra- 
cially segregated school system and in September 
1976 the city implemented a voluntary desegrega- 



tion plan. The Racine desegregation plan is now in 
its second year. Both efforts to desegregate have 
been accomplished without any serious violence. 

The U.S. Supreme Court in Madison School Dis- 
trict V. Wisconsin Employment Relations Commis- 
sion gave a nonunion teacher the right to speak at 
an open school board meeting on pending union 
negotiations. 

In Milwaukee a Federal district court found that 
school administrators and the board had main- 
tained a racially segregated system and appointed 
a special master to construct a plan for desegrega- 
tion to be implemented in September 1977. The 
plan being tried in the 1977-78 school year is a 
voluntary one that relies heavily on educational in- 
centives as a means of attracting white students to 
the predominantly minority inner-city schools. 

The Wisconsin Advisory Committee conducted 
a study of disciplinary practices in the State 
universities in Wisconsin. Most of the complaints 
which prompted the study came from students at 
the Oshkosh and Whitewater campuses of the 
University of Wisconsin who claimed that black 
students received harsher disciplinary treatment 
than whites following a series of demonstrations. 
Among the findings of the investigation were that 
attitudes of the central administration and faculty 
often discouraged minority enrollment in the 
university system, and that there is a shortage of 
counselors, tutors, and special programs to deal 
with the needs of minority students. 

Housing 

Since 1960 fair housing advocates have worked 
for better housing. There is still a serious housing 
segregation problem in Milwaukee, however. Mil- 
waukee's Mayor Henry J. Maier said on May 19, 
1976, that the Milwaukee metropolitan area is the 
most segregated in the United States. The 1970 
census and the 1975 special city census revealed 
that there is a clear-cut distinction between areas 
where blacks and whites live. 

Housing Milwaukee's Poor: Obstacles and 
Responsibilities, a report released by the Wisconsin 



207 



Advisory Committee in 1971, examined the 
problems of distributing low-income housing 
throughout a metropolitan region. It examined the 
various roles of State and local agencies including 
the State of Wisconsin, the city and county of Mil- 
waukee, and the Southeastern Wisconsin Regional 
Planning Commission (SEWRPC). 

The study of low-income housing dealt with ra- 
cial matters implicitly rather than explicitly. 
Although 'low-income housing may directly be a 
matter of economic segregation, residential racial 
patterns in the Milwaukee area show that minority 
people are disproportionately grouped in the cen- 
tral city, while the more affluent neighborhoods 
are nearly all white. 

The State, city of Milwaukee, Milwaukee Coun- 
ty, and SEWRPC did take some positive steps in 
the early 1970s to improve the housing supply. 
However, until low-priced housing is available 
throughout metropolitan areas, few inroads to end 
racial segregation can be expected. 

Sex Discrimination 

Women in Wisconsin have long suffered dis- 
crimination, particularly in employment. With the 
passing of the Federal Equal Pay Act of 1963, the 
Civil Rights Act of 1964, and the Wisconsin Fair 
Employment Practice Law, an increasing number 
of women are filing discrimination complaints. 

The State government of Wisconsin provides an 
example of the inequality in employment opportu- 
nities. Of the 33,851 permanent classified em- 
ployees, 16,187 (47.8 percent) are women. Ac- 
cording to the State affirmative action unit, most 
of the women work in paraprofessional and cleri- 
cal jobs. In an attempt to open up opportunities 
for women. Governor John B. Reynolds 
established the Wisconsin Governor's Commission 
on the Status of Women in 1964. 

Prisons 

On July 27, 1976, 88 prisoners of the Waupon 
Prison took over the industrial building and held 
14 prison employees hostage for 13 hours. The in- 
mates released the hostages after being granted 
amnesty. Inmates were protesting the alleged inhu- 
mane treatment they received from prison guards, 
the lack of medical care, and the length of time in- 
mates were kept in the isolation cell. Only 2 of the 
300 prison officials at Waupon are black, while 40 



percent of the prison population is black. Condi- 
tions at this maximum security institution remain 
unchanged despite recommendations made to 
prison officials by at least one State senator. 

American Indians 

A report prepared by the Midwestern Regional 
Office staff entitled. On the Way Back: A Restora- 
tion of the Menominee to Tribal Status, outlined 
the history of the Menominee Tribe before, dur- 
ing, and after termination of its tribal status. The 
report described the effect of that policy on the 
tribe today and the current status of the restora- 
tion process. Two findings of the investigation 
were that the tribe lacked a general understanding 
of the management of Federal grants and that law 
enforcement personnel lacked necessary training, 
thus creating an unstable situation on the reserva- 
tion. 

Unfinished Business 

The Advisory Committee report. Police Isolation 
and Community Needs, issued in 1972, concluded 
that the Milwaukee Police Department is unable to 
cope with significant changes in the community it 
serves. The investigation revealed that the depart- 
ment needed to be restructured and made ac- 
countable to the electorate. The report examined 
all operations of the police department and its ef- 
fect on both the majority and minority communi- 
ties. The Milwaukee Police Department, however, 
does not appear to have made any significant 
changes in its relationship with the community 
since the report. 

Many of the issues which have arisen over the 
past two decades remain alive in Wisconsin. Indi- 
ans still face a multitude of problems. Conflicts 
remain between the Milwaukee police and various 
segments of the community. Access to decent 
housing on an equitable basis in Milwaukee is still 
not a reality. Equal employment opportunities for 
minorities and women remain to be achieved. In 
general, Wisconsin faces the many civil rights 

problems which plague most communities in the 
United States today. 



208 

Wisconsin Advisory Committee 
IVIembers 

Percy L. Julian, Jr., Chairperson 

Sara J. Bales 

Byford M. Baker 

George W. Bray 

Ricardo R. Fernandez 

Gloria Gilmer 

Patricia Gorence 

Daniel H. Neviaser 

Juanita Renteria 

Ruth E. Salzmann 

Kenneth M. Schricker 

Pamela F. Smith 

Paul T. Spraggins 

Michael J. Stolee 

Julian Thomas 

Robert R. Williams 



Wyoming 



209 



According to the 1970 census, 332,416 people 
reside in Wyoming. Hispanics, 5.6 percent of the 
population, are the largest minority group in the 
State. American Indians, many of whom live on 
the Wind River Reservation, represent 1.4 percent 
of the population. Blacks make up 0.7 percent of 
the residents, and Asian Americans 0.2 percent. 
Approximately 92 percent of the State's popula- 
tion are white. 

Civil Rights Developments 

While still a territory, Wyoming enacted a law in 
1876 prohibiting discrimination in the compensa- 
tion of public school teachers because of race, sex, 
or religious belief. At least five sections of the 
original constitution, still in effect, emphasize 
equal opportunities for minorities and women. 
Two stress that all persons are equal regardless of 
race, color, or sex. Nearly 30 years before the 
19th amendment to the U.S. Constitution, women 
were assured the right to vote and to hold political 
office in Wyoming. 

The State constitution also contains two provi- 
sions that affect the educational opportunities of 
women and minorities. One section ensures that all 
persons have equal access to public schools; the 
other guarantees that the University of Wyoming 
will be open to all students regardless of sex, race, 
or color. It was not until 1957, however, that the 
State legislature reaffirmed its adherence to some 
of the constitutional principles adopted nearly 70 
years before. 

In 1959 the Wyoming Legislature passed a 
statute mandating that women and men receive 
equal pay for equal work. Three years in advance 
of the Federal Government, the State enacted a 
law in 1961 prohibiting discrimination based on 
race, religion, color, or national origin in all public 
places. 

The Wyoming State Fair Employment Commis- 
sion enforces legislation which makes it unlawful 
for employers and labor unions to refuse to hire, 
discharge, demote, or promote, or discriminate in 



matters of compensation because of race, sex, 
creed, color, national origin, or ancestry. As with 
other commissions throughout the Nation, the 
Wyoming agency has the power to conciliate and 
hold hearings. Commission determinations are en- 
forceable and appealable through the State court 
system. 

The Wyoming Legislature has passed several 
other laws which have assisted the State in living 
up to its name of the "Equality State." Unfortu- 
nately, Wyoming is still one of approximately a 
dozen States which did not follow the lead of the 
Federal Government in 1968 and pass a fair hous- 
ing law. The absence of a State mechanism to 
combat housing discrimination is a major concern 
of the Wyoming Advisory Committee. 

Civil Rights Enforcement 

In 1967 a statute was enacted making it unlaw- 
ful to discriminate on the basis of race, creed, 
color, or national origin against applicants to 
medical assistance programs. Two years later, the 
legislature created the Wyoming Commission on 
the Status of Women. This 27-member committee, 
once chaired by State Advisory Committee 
member Edna Wright, is similar to the U.S. Com- 
mission on Civil Rights in that it collects informa- 
tion and publishes reports relating to discrimina- 
tion, although it has no enforcement powers. The 
Wyoming commission studies developments in 
education and employment (in the home and com- 
munity) and studies the legal rights and responsi- 
bilities of women. 

Two laws of major impact on civil rights were 
enacted by the State legislators during the recently 
completed 1977 session. The first of the two 
statutes, both of which took effect in May, makes 
the sexual assault law neutral on its face. Distinc- 
tions in the law are no longer based on the sex of 
the assailant or the victim but rather on the severi- 
ty of the offense. The other statute, overhauling 
the abortion laws in Wyoming, has held the atten- 
tion of the State Advisory Committee. In 
November 1976 the Wyoming committee voted to 



210 



conduct a study of the availability of abortions in 
the State's 27 public hospitals. Two months later, 
the Wyoming Legislature enacted a statute that 
placed the State in strict conformance with the 
U.S. Supreme Court decision in Roe v. Wade, af- 
firming a woman's right to an abortion. 

The 1977 State law is based in large part on the 
finding of the Wyoming Supreme Court 4 years 
earlier that State restrictions on a woman's access 
to abortion services are unconstitutional. The new 
law defines abortion and mandates, for the first 
time, the keeping of statistical information on the 
number and type of abortion services. 

On June 29, 1977, the State Advisory Commit- 
tee released its report. Abortion Services in Wyom- 
ing. Through its investigation, the Committee 
found that nearly half of the hospitals in the State 
have bylaws that are unconstitutional. Approxi- 
mately a dozen hospitals in Wyoming prevent the 
performance of elective abortions in contravention 
of U.S. Supreme Court decisions and the State 
supreme court. The Advisory Committee also 
discovered that 50 percent of all abortions on 
women who reside in Wyoming are performed out- 
of-State. Little information about the many aspects 
of abortion was shown to exist, even among those 
responsible for referral services. The overwhelming 
majority of physicians, who legally could perform 
abortions, do not do so. Many in the Wyoming 
medical community were found to lack the medi- 
cal skills to perform abortions. As a result, women 
requiring the operation are sent several hundred 
miles away for the service. 

The Advisory Committee also made several 
recommendations that it hopes can remedy the 
situation in the State, including cutting off funds to 
those hospitals that violate the law and educating 
physicians and the general public about the laws 
concerning abortion services. Although the U.S. 
Supreme Court ruled in several cases in June 1977 
that Federal, State, and local governments do not 
have to provide funds for abortions in public facili- 
ties, the High Court reaffirmed a woman's right to 
an abortion in a public facility if she could afford 
such services. 

Unfinished Business 

The Wyoming Advisory Committee has 
discussed the undercount of Hispanics in the 1970 
census. The chairperson of the Advisory Commit- 



tee sent a letter in April 1977 to the Wyoming De- 
partment of Vital Statistics asking that it tabulate 
statistics on the number of Hispanics. This infor- 
mation, which is not kept at the present time, will 
aid the U.S. Bureau of the Census in tabulating 
more accurate population statistics in 1980. 

The Advisory Committee is planning a major in- 
vestigation into educational opportunities for 
minorities in at least three counties in the State. 
The project will encompass those programs which 
are available to children from the local, State, and 
Federal levels. The Advisory Committee will study 
whether those services are reaching all children 
under their jurisdiction. Additionally, Committee 
members will collect information relating to em- 
ployment and housing opportunities for minorities 
and women interested in bettering the education 
systems in the State. The project will be 
highlighted by an informal hearing in 1978. 

In conjunction with other Advisory Committees 
in the Rocky Mountain region, the Wyoming Com- 
mittee will participate this year in a project to in- 
vestigate educational opportunities available to the 
children of farmworkers who follow the migrant 
stream from Texas and New Mexico through 
Colorado, Wyoming, Montana, and North Dakota. 
The study is scheduled to result in the publication 
of a photographic essay which will trace the life of 
a migrant child. 

Two issues that affect the American Indian 
populations, not only in Wyoming but throughout 
the West, will be of utmost concern to the State 
Advisory Committee in the next few years. The 
first is how the criminal justice systems in areas 
bordering on reservations treat Native Americans. 
Allegations of police brutality have been the focal 
point of Advisory Committee studies in Arizona, 
North and South Dakota, and New Mexico and 
will be the unifying theme for Commission 
hearings in the Northwest, Southwest, the Dakotas, 
and Washington, D.C. The Dakota hearing may 
cover issues that affect the rights of American In- 
dians in eastern Wyoming. 

The second issue relates to the effects that ener- 
gy development will have in Wyoming. It is esti- 
mated that the annual production of coal in the 
State could exceed 221 million tons by 1990. This 
could threaten the future of the Indian reserva- 
tions in Wyoming and also bring more people into 
the State looking for jobs. The influx of more peo- 



211 



pie into the second smallest State in the Union 
would create new demands in the State. 

As in Montana and North and South Dakota, 
civil rights advocates in Wyoming are concerned 
by the appearance of groups that are lobbying 
Congress to obliterate the reservation system and 
open Indian lands to white ranchers and investors 
who resent having to work through tribal authori- 
ties. 

The Wyoming Advisory Committee will also fol- 
low with interest the building of a new State prison 
outside Rawlins. Partially as the result of a suit by 
the American Civil Liberties Union, the 1977 
Wyoming Legislature authorized $25 million to 
replace the existing facility. The ACLU charged in 
its lawsuit (which has since been dropped) that the 
existing institution violated the rights of the in- 
mates and constituted cruel and unusual punish- 
ment. Even with the new prison, however, 
problems involving employment, training, and 
equal treatment of minorities by the correctional 
system will remain. 

In spite of increased educational opportunities 
for minorities, the Wyoming Advisory Committee 
is concerned about the low quality of education 
provided to minority children in the State. Com- 
mittee members are troubled by the small number 
of minorities working within the school systems 
and the difficulties those employed experience in 
seeking suitable housing. 

Wyoming Advisory Committee 
Members 

Juana Rodriguez, Chairperson 

Fuji Adachi 

Gerald Brown 

Leona Coykendail 

Juan Abran De Herrera 

Donald Lucero 

Harold Meier 

Mariko Miller 

Jamie Ring 

Ethel Rose 

David Scott 

Edna Wright 



APPENDIX 1 

ROSTER OF REGIONAL OFFICES 



213 



NORTHEAST REGIONAL OFFICE (NERO) 

U.S. Conunission on Civil Rights 

26 Federal Plaza, Room 1639 

New York, New York 10007 

(212) 264-0400 

Director: Jacques E. Wilmore 

Connecticut 
Maine 

Massachusetts 
New Hampshire 
New Jersey 
New York 
Rhode Island 
Vermont 

MID-ATLANTIC REGIONAL OFFICE (MARO) 

U.S. Commission on Civil Rights 

2120 L Street, N.W., Room 510 

Washington, D.C. 20037 

(202) 254-6717 

Director: Jacob Schlitt 

Delaware 

District of Columbia 

Maryland 

Pennsylvania 

Virginia 

West Virginia 

SOUTHERN REGIONAL OFFICE(SRO) 

U.S. Commission on Civil Rights 

Citizens Trust Bank Building, Room 362 

75 Piedmont Avenue, N.E. 

(404) 221-4391 

Director: Bobby D. Doctor 

Alabama 

Florida 

Georgia 

Kentucky 

Mississippi 

North Carolina 



South Carolina 
Tennessee 

MIDWESTERN REGIONAL OFFICE (MWRO) 

U.S. Commission on Civil Rights 

230 South Dearborn Street, 32d Floor 

Chicago, Illinois 60604 

(312)353-7371 

Director: Clark C. Roberts 

Illinois 

Indiana 

Michigan 

Minnesota 

Ohio 

Wisconsin 

SOUTHWESTERN REGIONAL OFFICE (SWRO) 

U.S. Commission on Civil Rights 

New Moore Building, Room 231 

106 Broadway 

San Antonio, Texas 78205 

(512) 223-6821 

Director: J. Richard Avena 

Arkansas 
Louisiana 
New Mexico 
Oklahoma 
Texas 

CENTRAL STATES REGIONAL OFFICE 

(CSRO) 
U.S. Commission on Civil Rights 
Old Federal Office Building, Room 3103 
911 Walnut Street 
Kansas City, Missouri 64106 
(816) 374-2454 
Director: Thomas L. Neumann 

Iowa 

Kansas 

Missouri 
Nebraska 



214 



ROCKY MOUNTAIN REGIONAL OFFICE 
(RMRO) 

U.S. Commission on Civil Rights 
Executive Tower Inn, Suite 1700 
1405 Curtis Street 
Denver, Colorado 80202 
(303) 837-2211 
Director: Shirley Hill Witt 

Colorado 
Montana 
North Dakota 
South Dakota 
Utah 
Wyoming 

WESTERN REGIONAL OFFICE (WRO) 
U.S. Commission on Civil Rights 
312 North Spring Street, Room 1015 
Los Angeles, California 90012 
(213) 688-3437 
Director: Philip Montez 

Arizona 
California 
Hawaii 
Nevada 

NORTHWESTERN REGIONAL 

OFFICE(NWRO) 
U.S. Commission on Civil Rights 
915 Second Avenue, Room 2852 
Seattle, Washington 98174 
(206) 442-1246 
Director: Joseph T. Brooks 

Alaska 
Idaho 
Oregon 
Washington 



215 



APPENDIX 2 

ALPHABETICAL CHART OF STATE ADVISORY COMMITTEE PUBLICATIONS 
(1962-1977) 



STATE 



YEAR 



TITLE 



AFFECTED 
PERSONS 



LANGUAGE 



ALABAMA 



1968 



1973 
1974 



The Agricultural Stabilization and Con- Blacks 
servatlon Service In the Alabama 
Black Belt 
The Tuskegee Study Blacks 

Alabama Prisons Prisoners 



English 



English 
English 



ARIZONA 



1974 Adult Corrections In Arizona Prisoners English 

1975 Indian Employment in Arizona American Indians English 
1977 Justice In Flagstaff: Are These Rights American Indians English 

Inalienable? 



ARKANSAS 



1966 
1974 



Employment, Education, and Voting 
Blacks In the Arkansas Delta 



Minority Communities English 
Blacks English 



CALIFORNIA 



1966 Analysis of the McCone Commission 

Report 
1968 Education and the Mexican American 

Community In Los Angeles 

1970 Police/Community Relations In East 

Los Angeles 

1971 Political Participation of Mexican Amer- 

icans in California 
1973 The Schools of Guadalupe; A Legacy of 

Educational Oppression 
1973 Reapportionment of Los Angeles' 15 

City Councllmanic Districts 

1973 Educational Neglect of Mexican Amer- 

ican Students in the Lucia Mar Uni- 
fied School District 
Negllgencea en la educacion de estu- 
diantes Mexico Americanos 

1974 Las Escuelas de Guadalupe: Un Legado 

de Opresion 

1975 A Dream Unfulfilled: Korean and Pili- 

pino Health Professionals In Cali- 
fornia 

1975 Asian Americans and Pacific Peoples: A 

Case of Mistaken Identity 

1976 State Administration of Bilingual Edu- 

cation — iSI No? 

1977 Evaluation of Educable Mentally Re- 

tarded Programs in California 



Minorities 

Mexican Americans 
Mexican Americans 
Mexican Americans 
Mexican Americans 
Mexican Americans 
Mexican Americans 

Mexican Americans 

Asian and Pacific 
Americans 

Asian and Pacific 

Americans 
Hispanics and Asian 

Americans 
Minorities 



English 
English 
English 
English 
English 
English 
English/Spanish 

Spanish 
English 



Chinese, Japanese, 

Korean, English 
English 



English 



COLORADO 



1974 Colorado Prison Study 
1976 Access to the Legal Profession in 
Colorado by Minorities and Women 

1976 Access to the Medical Profession in 

Colorado by Minorities and Women 

1977 The Silent Victims: Denver's Battered 

Women 
1977 A Woman. A Spaniel, A Chestnut Tree 
(Film) 



Prisoners 
Minorities/Women 



Minorities/Women 



Women 



Women 



English 
English 

English 

English 

English 



CONNECTICUT 



1963 Report on Connecticut: Family Reloca- Minorities English 

tion under Urban Renewal 
1973 El Boricua: The Puerto Rican Com- Puerto Ricans English 

munity in Bridgeport and Nev^ Haven 
1977 School Desegregation in Stamford, Blacks English 

Connecticut 



DELAWARE 



1970 



1974 



The Police and Minority Community in 

Wilmington, Delaware 
The Delaware Prison System 



Minorities 



Prisoners 
Minorities 



English 
English 



216 



STATE 



YEAR 



TITLE 



AFFECTED 
PERSONS 



LANGUAGE 



DISTRICT OF COLUMBIA 



1963 Report on Washington, D. C: Employ- Blacks 

ment 
1971 The Movement of Federal Facilities to Minorities 

the Suburbs 
1974 Obstacles to Financing Minority Enter- Minorities 

prises 



English 
English 
English 



FLORIDA 



1964 Report on Panama City Minorities 

1972 Police/Community Relations in Tampa: Minorities 
The Beginning or the End? 

1975 Toward Police/Community Detente in Blacks 

Jacksonville 

1976 Policed by the White Male Minority: A Hispanics 

Study of Police/Community Relations 
in Miami and Dade County 
1976 Mantenimiento del Orden Publico per Hispanics 
Una Minoria de Hombres Blancos: 
Un estudio de las relaciones entre 
la policia y la Comunidad en Miami 
y en el Candado Dade. Florida 



English 
English 

English 

English 

Spanish 



GEORGIA 



1976 Georgia Prisons 



Prisoners 



English 



ILLINOIS 



1966 

1974 



1975 
1976 



Police/Community Relations in Peoria, 

Illinois 
Bilingual/Bicultural Education: A Right 

or a Privilege' La Educacion Bi- 

lingue/Bicultural: Un Pnvilegio o un 

Derecho? 
A Decade of Waiting in Cairo 
Equal Education: A Right 
Igualidad en la Educacion: Un Derecho 



Minority Communities 
Hispanics 



Blacks 
Hispanics 



English 
English/Spanish 



English 
English/Spanish 



INDIANA 



1966 Gary Midtown West Families on AFDC Minorities 
1968 Student Friction and Racial Unrest Minorities 

at Southside High School, Muncie, 

Indiana 
1971 Racial Conditions in Indiana's Penal Prisoners 

Institutions 
1975 Indiana Migrants: Blighted Hopes, Migrants 

Slighted Rights 
1977 Equal Opportunity in Fort Wayne Minorities 

Community Schools: A Continuing 

Struggle 



English 
English 



English 
English 
English 



IOWA 



1964 Urban Renewal Programs and Their Blacks English 

Effects in Three Iowa Cities 

1970 Adonde Vamos Ahora? (Where are we Hispanics/Migrants English 

going from here?) — Problems of the 
Spanish Surnamed and Migrant Pop- 
ulation in Iowa 

1971 Walk Together Children: Housing and Minority Communities English 

Education in Waterloo. Iowa 
1974 Racial Problems in Fort Dodge, Iowa Blacks English 

1976 How Far Have We Come? — Migrant Hispanics/Migrants English/Spanish 

Labor in Iowa: 1975 iOue lejos 

hemes venido? 



KANSAS 



1963 
1974 
1975 



Report on Civil Rights Aspects of Voca- Minority Communities 

tional Education 
Inmate Rights and the Kansas Slate Prisoners 

Prison System 



The Availability 
Women 



of Credit to Kansas Women 



English 
English 
English 



LOUISIANA 



1974 The Quest for Housing: A Study of 
Housing Conditions in New Orleans 

1976 A Study of Adult Corrections in 

Louisiana 

1977 School Desegregation m Bogalusa, 

Louisiana 



Minority Communities English 
Prisoners English 

Blacks English 



217 



STATE 



YEAR 



TITLE 



AFFECTED 
PERSONS 



LANGUAGE 



MAINE 



1965 



1974 



Report on Maine; Denial of Equal Op- Blacks English 

portunity in Rental Mousing and its 

Effect on Negroes in Portland and 

Bangor 
Federal and State Services and tfie American Indians English 

Maine Indian 



MARYLAND 



1965 Report on Maryland: Employment Blacks 

1966 Report on School Desegregation in 14 Blacks 

Eastern Shore and Southern Mary- 
land Counties 

1971 A Crisis in Housing on the Upper 
Eastern Shore 

1971 The Zoning and Planning Process in 
Baltimore County and its Effect on 
Minority Group Residents 

1974 Employment Discrimination in the Con- Blacks 
struction Industry in Baltimore 

1974 To Grant or Not to Grant Blacks 



English 
English 



Blacks English 

Minority Communities English 



English 
English 



MASSACHUSETTS 



1963 Report on Massachusetts: Housing in 

Boston 
1965 Report on Racial Imbalance in Boston 

Public Schools 

1967 The Voice of the Ghetto: Report on Two 

Boston Neighborhood Meetings 

1968 Contract Compliance and Equal Oppor- 

tunity in the Construction Industry 

1971 The Police and the Minority Community 

in New Bedford, Massachusetts 

1972 Issues of Concern to Puerto Ricans in 

Boston and Springfield, Massa- 
chusetts 

1975 Route 128 — Boston's Road to Segre- 

gation 

1976 The Six-District Plan— Integration of 

the Springfield, Massachusetts, Ele- 
mentary Schools 



Minority Communities English 

Blacks English 

Minority Communities English 

Minorities English 

Minority Communities English 

Puerto Ricans English 



Blacks 
Blacks 



English 
English 



MICHIGAN 



1966 Report on Michigan: Employment Prob- 
lems of Nonwhite Youth 

1975 Civil Rights and the Housing and Com- 

munity Development Act of 1974, 
Vol. I, Livonia 

1976 Civil Rights and the Housing and Com- 

munity Development Act of 1974, Vol. 
II: A Comparison with Model Cities 
1976 Civil Rights and the Housing and Com- 
munity Development Act of 1974, Vol. 
Ill: The Chippewa People of Sault 
Ste. Marie 



Minorities English 

Minority Communities English 



Minorities 



English 



American Indians English 



MINNESOTA 



1965 Report on Police/Community Relations Minorities English 

in Minneapolis and St. Paul 
1975 Bridging the Gap: The Twin Cities American Indians English 

Native American Community 



MISSISSIPPI 



1963 



Report on Mississippi Administration of 
Justice 



Minorities 



English 



MISSOURI 



1973 
1975 



1976 



Jobs and Housing in St. Louis 
Balanced Housing Development in 

Greater Kansas City 
General Revenue Sharing in St. Louis 



Blacks 
Minorities 



Minorities 



English 
English 

English 



MONTANA 



1974 Employment Practices in Montana: The 
Effects on American Indians and 
Women 

1976 The Media in Montana: Its Effects on 
Minorities and Women 



American Indians/ 
Women 



Minorities/Women 



English 



English 



218 



STATE 



YEAR 



TITLE 



AFFECTED 
PERSONS 



LANGUAGE 



NEBRASKA 



1974 



1975 



Inmate Rights and Institutional^ Re- 
sponse: The Nebraska State Prison 
System 

Nebraska Official Civil Rights Agencies 



Prisoners 



Minorities 



English 



English 



NEVADA 



1976 In the Gray Shadow: Parole in Nevada Prisoners 



English 



NEW HAMPSHIRE 



1974 



EEO in State Government 



Minorities/Women 



English 



NEW JERSEY 



1963 Report on New Jersey: Survey of Civil 

Rights 
1968 Public Housing in Newark's Central 

Ward 
1976 Hispanic Participation in Manpower 

Programs in Newark, New Jersey 



Minorities English 

Minority Communities English 
Hispanics English 



NEW MEXICO 



NEW YORK 



1963 Housing Discrimination in Albuquerque Minorities English 

and Las Cruces 

1974 The Struggle for Justice and Redress Minorities English 

in Northern New Mexico 

1975 Indian Employment in New Mexico State American Indians English 

Government 
1975 The Farmington Report: A Conflict of American Indians English 

Cultures 
1977 Working with Your School Minorities English 



1964 Report on Buffalo: Health Facilities 
1967 Obstacles to Opportunity: Education 
and Employment for Harlem Residents 

1972 Hometown Plans for the Construction 

Industry in New York State 

1973 The Puerto Rican and Public Employ- 

ment in New York 

1974 Warehousing Human Beings 

1976 Equal Employment Opportunity at the 

State University of New York 

1977 The Forgotten Minority: Asian Ameri- 

cans in New York City 



Minority Communities English 

Blacks English 

Minority Communities English 

Puerto Ricans English 

Prisoners English 

Minorities/Women English 

Asian Americans English 



NORTH CAROLINA 



1962 



1970 
1974 



1976 



Equal Protection of the Laws in North 

Carolina 
Trouble in Greensboro 
Economic and Political Problems of 

Indians in Robeson County 
Prisons in North Carolina 



Minority Communities English 



Blacks 
American Indians 



Prisoners 



English 
English 

English 



NORTH DAKOTA 



1977 



Criminal Justice for Native Americans 
in North Dakota 



American Indians 



English 



OHIO 



1966 Cleveland's Unfinished Business in Its 
Inner-City 

1976 Protecting Inmate Rights: Prison Re- 
form or Prison Replacement 



Minority Communities English 
Prisoners English 



OKLAHOMA 



1968 Equal Employment Opportunity in Law- Minorities English 

ton, Oklahoma 

1970 Employment Problems in Enid Minorities English 

1974 Indian Civil Rights Issues in Oklahoma American Indians English 

1977 School Desegregation in Tulsa Minorities English 



OREGON 



1976 



Civil and Human Rights in Oregon 
State Prisons 



Prisoners 



English 



PENNSYLVANIA 



1972 Police/Community Relations in Phila- Blacks English 

delphia 
1974 Education and Housing of Puerto Ricans Puerto Ricans English 

in Philadelphia 



RHODE ISLAND 



1970 Toward Equal Opportunity in the Con- Minorities English 

struction Industry 
1975 Minorities and Women in Government: Minorities/Women English 

Practice versus Promise 



SOUTH CAROLINA 



1971 



Welfare: The Perpetuation of Poverty 



Minorities 



English 



219 



STATE 



YEAR 



TITLE 



AFFECTED 
PERSONS 



LANGUAGE 



SOUTH DAKOTA 



1963 
1968 



1969 
1970 



1977 



Report on Rapid City 

Discrimination in Off-Base Housing: 

Ellsworth Air Force Base 
Poor Relief in South Dakota 
Report on South Dakota: Public Ac- 

connmodations Law in Practice 
Equality and Justice for All 



t^inoritles 
Minorities 



Minorities 
Minorities 



American Indians 



English 
English 

English 
English 

English 



TENNESSEE 



1963 



1967 



1971 



A Survey of Health Facilities, 

Services, and Professional 

tunities 
Housing and Urban 

Nashville-Davidson 

politan Area 
Fear Runs Deep: A Report on Civil Blacks 



Renewal 
County 



, Health 
Oppor- 

in the 
Metro- 



Whites/Blacks 



Minorities 



English 
English 
English 



Rights in Fayette County 



TEXAS 



UTAH 



1967 

1967 



1972 
1977 
1977 



The Administration of Justice in Starr Minorities English 

County. Texas 
The Civil Rights Status of Spanish- Hispanics English 

Speaking Americans in Kleberg, 

Nueces, and San Patricio Counties, 

Texas 
School Finance Reform in Texas Minority Communities English 

Working With Your School Hispanics English 

School Desegregation in Corpus Minorities English 

Christi, Texas 



1966 Discrimination in Housing in Utah Minorities English 

1975 Credit Availability to Women in Utah Women English 

1977 Employment of Minorities and Women Minorities/Women English 
in Utah Criminal Justice Agencies 



VERMONT 



1973 Closing the Ethnic Gap 



Minorities 



English 



VIRGINIA 



1968 The Federal Role in School Desegre- 

gation in Selected Virginia Districts 

1969 The Status of Federal Enforcement of 

School Desegregation in Virginia — 
Six Months Later 

1970 A Report of an Investigation into an 

Educational Dilemma 

1971 George Mason College — For All the 

People? 
1974 Judicial Selection in Virginia: The 

Absence of Black Judges 
1977 School Desegregation in Newport News 

City. Virginia 



Blacks 


English 


Blacks 


English 


Blacks 


English 


Blacks 


English 


Blacks 


English 


Blacks 


English 


Minorities 


English 



WASHINGTON 



1971 



1974 



Equal Employment Opportunity in the 
Government of the City of Tacoma 
and the County of Pierce 

Report on Indian Education, State of 
Washington 



American Indians 



English 



WEST VIRGINIA 



1977 School Desegregation in Raleigh County Blacks 



English 



WISCONSIN 



1971 Housing Milwaukee's Poor: Obstacles 

and Possibilities 

1971 The Black Student in the Wisconsin 

University System 

1972 Police Isolation and Community Needs 



Minority Communities English 
Blacks English 

Minority Communities English 



WYOMING 



1977 Abortion Services in Wyoming 



Women 



English 



MULTI-SAC REPORTS 1973 

KANSAS, MISSOURI 

MONTANA, NORTH DAKOTA 1974 

AND SOUTH DAKOTA 
DELAWARE, PENNSYLVANIA 1977 

COLORADO, NORTH 1977 

DAKOTA AND WYOMING 
KANSAS, MISSOURI 1977 



Balanced Housing Development in Minorities 

Kansas City 
Indian Civil Rights Issues in Montana, American Indians 

North Dakota and South Dakota 
The Working and Living Conditions of Minorities 

Mushroom Workers 
Children Who Follow the Crops Minorities/Women 



Crisis and Opportunity: Education 
Greater Kansas City 



in Minorities 



English 
English 
English 
English 
English 



220 



APPENDIX 3 
MATRIX CHART 

CIVIL RIGHTS 'esUES IDENTIFIED BY STATE ADVISORY COMMITTEES 



STATE 


Education 


Employ- 
ment 


Women's 
Issues 


Special 
Groups* 


Housing 


Civil 

Rights Indigenous 
Enforcement Groups** 


ALABAMA 


X 


X 


X 


X 






ALASKA 


X 


X 


X 




X 


X 



ARKANSAS 


'■ 


X 


X 


X 


X 






CALIFORNIA 


' 1 


X 


COLORADO 


' 1 


X 


X 


X 


X 






CONNECTICUT 


^ m 


X 


X 




X 


X 


X 


DELAWARE 


X ■ 


X 


X 




X 


X 




DISTRICT OF COLUMBIA ■ 




X 


X 


X 


X 




FLORIDA 


X 


X 


X 


X 


GEORGIA 


X 


X 




X 


HAWAII 


X 


X 






X 




X 


IDAHO 


X 


X 


X 


X 


X 


X 


X 


ILLINOIS 


X 


X 


X 


X 


X 






INDIANA 


X 


X 




X 


IOWA 


X 


X 


X 


X 


X 


X 


X 


KANSAS 


X 


X 


X 


X 


X 


X 


X 


KENTUCKY 


X 


X 


X 


X 


X 


LOUISIANA 


X 




X 


X 


X 


X 




MAINE 


X 


X 


X 


X 




X 


X 


MARYLAND 


), 


X 


X 


X 


X 


X 




MASSACHUSETTS 


X 


X 


X. 


X 


X 


X 


X 


MICHIGAN 


X 








"■X 


X 




MINNESOTA 


X 


X 


X 


X 




X 


X 


MISSISSIPPI 


X 


X 


X 


X 


X 






MISSOURI 


X 


X 


X 




X 


X 






MONTANA ■ 


X 


X 


X 


X 




X 




NEBRASKA 


X ■ 


X 


X 


X 


X 


X 


X 




NEVADA ■ 


X 


X 


X 






X 




NEW HAMPSHIRE 


X 


X 


X 


X 




X 






NEW JERSEY 


X 


X 


X 


X 




X 






NEW MEXICO 


X 


X 


X 


X 






X 




NEW YORK 


X 


X 


X 


X 




X 


X 




NORTH CAROLINA 


X 


X 


X 


X 






X 




NORTH DAKOTA 


X 


X 


X 






X 


X 




OHIO 


X 


X 


X 




X 


X 






OKLAHOMA 


X 


X 


X 






X 


X 




OREGON 


X 


X 


X 


X 


X 




X 




PENNSYLVANIA 


X 


X 






X 


X 






RHODE ISLAND 


X 


X 


X 






X 


X 




SOUTH CAROLINA 


X 


X 


X 


X 


X 








SOUTH DAKOTA 


X 


X 


X 




X 


X 


X 




TENNESSEE 


X 




X 


X 










TEXAS 


X 


X 


X 


X 


X 


X 






UTAH 


X 


X 


X 


X 


X 




X 




VERMONT 


X 




X 


X 




X 


X 




VIRGINIA 


X 


X 


X 


X 


X 


X 






WASHINGTON 


X 


X 


X 


X 


X 




X 




WEST VIRGINIA 


X 


X 


X 




X 


X 






WISCONSIN 


X 


X 


X 




X 




X 




WYOMING 


X 


X 


X 




X 


X 


X 





TOTALS 



48 



45 



45 



34 



31 



31 



26 



•SPECIAL GROUPS INCLUDE: BLACKS, ALL HISPANICS, ASIANS, & OTHER RACE/ETHNIC GROUPS 
* 'INDIGENOUS GROUPS INCLUDE: AMERICAN INDIANS, NATIVE ALASKANS, & NATIVE HAWAIIANS 



221 



Prisons 


Police/ 

Community 

Relations 


Economic 
Issues 


Voting/ 
Political 
Participa- 
tion 


Information/ 
Communica- 
tions 


Migrants 


Healtli 

& 
Safety 


Undocu- 
mented 
Aliens 


X 






X 










X 


X 


X 








X 




X 


X 


X 








X 




X 




X 




X 


X 


X 




X 


X 




X 






X 








X 


X 








X 




X 






X 


X 




^ 








X 




X 




X 




X 


X 


X 




X 












X 


X 






X 




X 


X 






X 


X 


X 






X 






X 


X 








X 


X 




X 


X 


X 




X 


















X 




X 








X 


X 


X 










X 






X 












X 




X 










X 










X 




X 


X 


X 


X 




X 









XXX X XXXXXXXX 
XX XXXXX XX XX 
X XXXXXX X XX X 


XXX X XXX X X 
X X X X X 

XX XXXXX X 
X XX XXXXX X 


X 

X 
X 

m 



22 



24 



22 



18 



16 



12 



IS 



NOTE: BAR GRAPH INDICATES NUMBER OF STATE ADVISORY COMMITTEES IDEN- 
TIFYING EACH ISSUE. 



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